JUDGMENT

Harun Hashim SCJ:

On 6 April 1990 the Malayan Agricultural Producers Association (MAPA) and the National Union of Plantation Workers (NUPW) entered into a collective agreement for a period of three years effective from 1 May 1990 to 30 April 1993. On 14 April 1990 both parties presented the collective agreement to the Industrial Court with a request for a consent award. The Industrial Court acceded to the request and recorded a consent award as Award No. 92/90.

On 23 May 1990, the Minister, acting under s. 33(1) of the Industrial Relations Act 1967, referred the following question to the Industrial Court for interpretation:

Tafsiran Artikel 8 dalam Keputusan Mahkamah Perusahaan No. 92/90 yang bertajuk - Minumum Number of Days' Work in Each Month.

Article 8 of the Award provides:

Minimum Number of Days' Work in Each Month. The provisions of s. 16 of the Employment Act 1955 shall apply to employees covered by the said section.

Section 16 of the Employment Act 1955 reads:

(1) Where an employee is employed in any agricultural undertaking on an estate on a contract of service under which he earns wages calculated by reference to the number of days' work performed in each month