JUDGMENT

There are two separate applications for an order of certiorari to quash the decision of Ketua Pengarah Kesatuan Sekerja Malaysia ("the first respondent") dated 27th December 1999, in registering the Kesatuan Pegawai-Pegawai Bumiputra Commerce Berhad (Kepak Bumiputra) ("the second respondent") to represent all workmen of Bumiputra Commerce Bank Berhad ("BCB"). In R2-25-15-2000 the applicant is Kesatuan Kakitangan Eksekutif Bumiputra-Commerce Bank Berhad ("BOCESU") while in R2-25-15-2000, the applicant is Persatuan Pegawai-Pegawai Bank Semenanjung Malaysia ("ABOM"). By agreement of all parties, the two applications were heard jointly.

Briefly, the relevant facts leading to the two applications are as follows.

In 1999, Bank Bumiputra Malaysia Berhad (BBMB) underwent a merger exercise with another bank known as Bank of Commerce Malaysia Berhad (BOC). Under the merger, the convectional banking assets of BBMB were transferred to BOC and BBMB took over the Islamic banking assets of BOC. The ultimate result of this merger was that BBMB conducted solely Islamic banking whereas BOC conducted convectional banking business. Subsequent to the merger exercise, BBMB was renamed as Bank Muam