JUDGMENT

Aziah Ali JCA:

[1] The appellant had filed an application for judicial review under inter alia for an order of certiorari to quash the decision of the 1st respondent, the Director General of Trade Unions, Malaysia dated 27 December 2010 to register the 2nd respondent as an in-house union in RHB Bank Berhad ("RHB"). The High Court dismissed the appellant's application, hence this appeal. We heard submissions made by all parties, considered the appeal record and by a unanimous decision we dismissed the appeal with costs of RM5,000.00 each to the 1st and 2nd respondent. We now give our reasons below.

Background Facts

[2] The appellant is a trade union registered under the Trade Unions Act 1959 ("the Act"), whose membership is open to all workmen classified as Class II Officers and Internal Officers employed in banks which are members of the Malayan Commercial Banks' Association ("MCBA"). RHB is a member of MCBA (pp 86-89 Appeal Record).

[3] The 2nd respondent, Kesatuan Eksekutif RHB Bank Berhad had applied under s 10 of the Act to be registered as an in-house trade union covering officers in category E1 to E4 in RHB. The Pengarah Kanan, Jabatan Hal Ehwal Kesatuan Sekerja Malaysia