Abdul Hamid Omar LP:

The question we shall have to decide in this appeal is whether the High Court properly entertained the motion for certiorari to quash an award from the Industrial Court. In determining the question it is necessary for us to consider the proper approach the Court below should take in exercising its supervisory role in regard to an Industrial Court award which, in law, is somewhat protected from full appellate review.

The appellant, Sabah Banking Employees' Union, represents non-officer bank employees in the State of Sabah. In 1985, labour contract negotiations were conducted between the appellant and the Sabah Commercial Banks' Association (the respondent) for a new collective labour agreement covering bank branches in that state. The parties reached agreement on all issues except the quantum of retirement benefits. During negotiations, the respondent proposed retirement benefits 15% of the employee's basic salary while the appellant had sought retirement benefits based on 15% of all wages, including the "Sabah Allowance", an allowance given to compensate for the state's high cost-of-living.

In July 1985 the parties signed a document embodying the agreed te