JUDGMENT

Hashim Yeop Sani CJ (Malaya):

The respondent, Lie Seng Fatt, filed on 14 November 1987 a notice of motion in the High Court, Kuala Lumpur for an order of certiorari to quash the decision of the Minister of Labour contained in a letter dated 16 September 1987 (at p. 34 in appeal record) read in Bahasa Malaysia as follows:

Y.B. Menteri Buruh telah memutuskan di bawah s. 20(3) Akta Perhubungan Perusahaan 1967, bahawa perkara ini tidak menafaat dirujukkan ke Mahkamah Perusahaan.

(The Hon'ble Minister of Labour has determined under s. 20(3) of the Industrial Relations Act 1967 that this matter is not fit to be referred to the Industrial Court).

The statement pursuant to O. 53 of the Rules of the High Court 1980 in support of the notice of motion (at p. 12 in Appeal Record) gave three grounds for the relief sought namely:

(i) The Minister of Labour did not comply with the Rules of Natural Justice by not giving reasons for his refusal to refer the dispute.

(ii) The Minister of Labour purported to deal with the dispute when the Parliament entrusted the function to the Industrial Court under the Industrial Relations Act 1967.

(iii) The Minister of Labour took into account matters w