JUDGMENTBY: NIK HASHIM J

: A trade dispute between the Kesatuan Pekeria-pekerja Pengangkutan Semenanjung Malaysia (the union) and Mersing Omnibus Co Sdn Bhd (the company) was referred to the Industrial Court for an award by the Minister of Human Resources under s 26(1) of the Industrial Relations Act 1967 (the Act) over the third collective agreement between the company and the union respecting the terms and conditions of service. The Industrial Court handed down the award incorporating a memorandum on terms and conditions of employment between the company and the union for a period of three years from 1 March 1995 to 28 February 1998. Dissatisfied with arts 14, 24, 25, 31 and 33 of the award, the company applied under O 53 of the Rules of the High Court 1980 for an order of certiorari to quash the award that granted increased wages and allowance and enhanced benefits in art 14 (increase in percentage of daily takings by 3%, art 24 (meal allowance of RM10 per night to the employees who are required to stay away from their home base), art 25 (accommodation facilities to the employees who are required to stay away overnight), art 31 (group personal accident insurance for 24 hour c