Haidar J

The Sarawak Commercial Banks Association ('the applicant') filed an application by way of notice of originating motion (encl 7) for:

An order for certiorari to remove into this court for the purpose of its being quashed that part of the award relating to art 19 — rates of pay — on pp 3 to 8 and on p 14 and appendices 1 and 2 in the first schedule of Industrial Court Award No 56 of 1989.

The grounds as set forth in the copy of the statement filed on 25 May 1989 are:

(i) the order made in art 19(2) on p 14 of the award is in breach of s 30(7) of the Industrial Relations Act 1967,

(ii) the findings made in para 8 on p 7 of the award are erroneous which led to absurd results and/or reached results absurdly;

(iii) the Industrial Court's refusal to admit/amend its error in the computation of CPI increase in Award No 9/89 and its persistence to follow its own said Award No 9/89 as authority to apply to Award No 56/89 shows that the court was biased in its approach to the issue;

(iv) the findings and the decision arrived at by the Industrial Court is perverse and so devoid of plausible justification that no reasonable body of persons could have reached them.

The applicant and