Lee Hun Hoe CJ (Borneo)

(delivering the judgment of the Court): This is an appeal against the decision of the learned Judicial Commissioner in granting an order of certiorari and quashing the award of the Industrial Court.

Briefly, the facts are as follows. In 1960 the respondent and a Committee of the Banks entered into an agreement on retirement benefits for the Bank employees. At that time appellant was not formed yet. The formula and quantum of retirement benefits under the agreement were based on 771/2% of last drawn salary multiplied by the number of years of service less any sum paid in excess of the statutory contribution to the Employees' Provident Fund ("E.P.F."). In 1966 a dispute arose between the appellant and the respondent concerning the scope of Union representation and retirement benefits. Pursuant to Regulation 5 of the Essential (Trade Disputes in the Essential Services) Regulations, 1965, the Minister for Labour referred the dispute to a Mediation Panel headed by the late Justice H.S. Ong. The Mediation Panel submitted a report which was subsequently embodied in an agreement dated May 1, 1967. The 1967 agreement expired on November 25, 1970 but the parties agree