Suraya Othman JC (now J):

INTRODUCTION

[1]This is an application by the applicant (Holiday Villages of Malaysia Sdn Bhd) for judicial review for an order of certiorari to quash the decision [2008] 6 MLJ 302 at 310 of the first respondent (Menteri Sumber Malaysia) made on 1 June 1998 under s 9(5) of the Industrial Relations Act 1967 (Act 177) (‘IR Act’) ordering the applicant to accord recognition to the second respondent (Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar dan Restoran Semenanjung Malaysia) as a trade union representing all employees of the applicant excluding those in the managerial, executive, confidential and security capacity.

FACTS AND BACKGROUND

[2]Briefly, the facts of the case are as follows:

(1)The applicant is a company incorporated in Malaysia and owns and operates an integrated holiday village complex known as Club M