AWARD

This is an application by Patco Malaysia Bhd. (hereinafter referred to as "the company") under s. 33A of the Industrial Relations Act 1967 to refer to the High Court questions of law for its determination as provided for by the aforesaid section. The company in its original application raised seven questions. This application was subsequently amended to increase the number of questions to fourteen. At the outset of the hearing of the application the learned Counsel for the company asked these words "and/or in lieu of s. 30(5) of the Industrial Relations Act 1967 " be added to question and to delete the amended questions 7(c) to 14. This was agreed upon by the learned Counsel for the claimant.

I wish to state at this stage that one of the two panel members, Encik Sivananda withdrew himself from hearing the case before the continued hearing of the case began on 1 November 1995. Both the learned Counsel consented that the case was to go on with one remaining panel member sitting with me.

The company's application is in respect of the award of another division of the Industrial Court; Award No. 89 of 1992 handed down on 27 April 1992 (hereinafter referred to as "the award"). The qu