(delivering the judgment of the Court): This is an appeal from a decision of Harun J. quashing an award of the Industrial Court ordering the reinstatement of four employees who had been dismissed by their employer Craigielea Estate, Bukit Pasir, Muar.

There was a strike by the union to which the employees belonged and they joined in the strike.

On April 9, 1974, the employer informed the four employees in writing that as they had been absent from work without lawful or reasonable excuse for more than two consecutive days from April 1, 1974, the estate had terminated their employment.

The employees maintained that they had been wrongfully dismissed. The matter was referred to the Minister, but there was no settlement. So the Minister referred the matter to the Industrial Court under section 7(2) of the Industrial Relations Act, 1967 ("the Act") by letter dated August 6. That letter reads:

"I am to inform you that the Ministry has received a complaint [from the four employees] about their dismissal by the [estate].

Because the efforts of the Ministry to settle the dispute have failed, the Minister refers it to the Industrial Court under section 7(2) (of the Act) for determ