This trade dispute referred to this court under s. 26(2) of the Industrial Relations Act 1967 ('the Act') by the Honourable Minister of Human Resources is between Dynamic Management Sdn. Bhd. ('the company') and Persatuan Pentadbir-Pentadbir Ladang Malaysia Barat ('the union').

The dispute between the parties arose as a result of the company unilaterally reducing the annual leave entitlement of its executive employees engaged in the capacity of "managers" and "assistant managers" w.e.f. 1 January 1994. The reduction was as follows:-

(a) Managers - from 30 days to 24 days per year

(b) Assistant managers - from 24 days to 21 days per year.

Upon the reference of the trade dispute being made to the court a statement of case was filed on behalf of the union which, inter alia, contended that the unilateral reduction of the annual leave entitlement of some of its members by the company amounted to an unfair labour practice and is contrary to law. It prayed for an order that the affected employees of the company be given the leave entitlement as it was prior to the reduction.

Then the company applied to the High court for an order of certiorari to quash the reference of the trade dispute to th