The Appeal

[1] This is an appeal against the decision of the learned Judicial Commissioner dismissing the appellant's judicial review application on a preliminary objection of the 2nd respondent on the ground that the appellant should have, in the light of the specific provisions of s 33A of the Industrial Relations Act 1967 (the IRA), challenged the Industrial Court Award (Award No 1441/2009) by way of reference to the High Court on a question of law under the said s 33A and not by way of a judicial review application under O 53 of the Rules of the High Court 1980 (the RHC).

Factual Background

[2] The 2nd respondent commenced employment with the appellant company as an Administration Superintendent on 1 August 1984. He was confirmed in that post on 20 December 1984. He was then promoted to the post of Assistant Administration Manag