JUDGMENT

Varghese George JCA:

[1] The two appeals before us arose from separate judicial review proceedings filed at the High Court by the same Applicant (the Appellant here) against the same Respondents.The parties had agreed there that the outcome of application No R1-25-507-2010 would bind application No R1-25-111-2011 and accordingly a single decision had been issued by the learned review judge.

[2] Civil Appeal No W-01-44-02/2013 was in respect of the decision in R1-25-507-2010 while Civil Appeal No W-01-19-01/2013 arose from the decision in R-25-111-2011.Counsel for the parties at the outset informed us that the parties had similarly agreed amongst themselves that the outcome of Civil Appeal No W-01-19-01/2013 would follow our decision in Civil Appeal No: W-01-44-02/2013.However, having considered the material before us and the submissions of Counsel, we were of the view that the appeals merited separate assessment, not with standing that they had been heard together, both at the High Court and by us.

Background

[3] On 30 September 2008 the 2nd Respondent (also known as Association of Bank Officers Peninsular Malaysia and hereafter referred as ABOM) submitted to the Appel