JUDGMENT

Mohd. Yusoff Mohamed J:

The only question arising in this motion for an order of certiorari to quash the award of the Industrial Court dated 24 December 1987, is whether the Court committed jurisdictional error in holding that check-off is not a trade dispute under s. 2 of the Industrial Relations Act 1967 (the Act).

It is argued firstly that by declining to exercise jurisdiction in refusing to incorporate this check-off provision into the Court's award it has committed jurisdictional error. Secondly, it is said that the Court failed to give proper interpretation and effect to s. 30(5A) of the Act and thus declined its jurisdiction.

This dispute arose from a re-negotiated collective agreement between the applicant trade union representing the workers and 1st respondent, the employer. Check-off provision existed in the previous agreement but upon re-negotiation the 1st respondent refused to accede to incorporate it in the new agreement. Through the relevant Minister the matter was referred to Industrial Court under s. 26 of the Act.

Check-off is a deduction by the management (employer) of trade union subscriptions from employees and remit them to the union by the management