JUDGMENT

Abdul Hamid Mohamed JC:

The applicants applied for an order of certiorari to remove into this Court and to quash the decision of Penolong Pengarah Buruh, Butterworth dated 21 August 1989 and for an order of mandamus to direct him to hear and determine the two labour cases viz . BW KB 219/86 and BW KB 222/87.

The applicants had claimed for over-time wages pursuant to Article 17 of the collective agreement entered into between the first and second respondents on the one part and the Food Industries Employee Union on the other part.

Article 17 of the said agreement provides:

Article 17 - Overtime

(a) Overtime is work performed at the prior request of the company outside the normal working hours applicable to the employees concerned and with the consent of the employee but such consent shall not be unreasonably withheld.

(b) Employees working on such overtime shall be paid at one and a half (1½) times the hourly rate of pay.

(c) Normal hourly rate shall be in accordance with the Employment Act.

Article 7 of the said agreement provides:

Article 7 Arbitration

Any dispute relating to the interpretation or implementation of this agreement shall unless settled by negotiation may be referred f