JUDGMENT

Azizah Nawawi J:

Application

[1] This is an application filed by the applicant ("Union") to quash the Award No 147 of 2017 dated 18 January 2017 (the "Award") issued by the 3rd respondent (the "Industrial Court"). The other prayer is for an order of mandamus directing the case to be heard before another Chairman of the Industrial Court and to call the relevant witnesses concerned.

[2] Having considered the application and the submission of the parties, this court had dismissed the application with no order as to costs.

The Salient Facts

[3] This application arises from the transfer of three employees of the 1st respondent and the 2nd respondent ("Bank") vide a letter dated 1 October 2015. The transfer was deferred vide a letter dated 28 December 2015 when the parties tried to resolve the matters.

[4] Since the matter was not resolved, the Bank issued letters dated 14 April 2016 to the said employees to the effect that their transfer would take effect on 18 July 2016.

[5] The employees reported for duty at the Bank's headquarters in Kuala Lumpur on 19 July 2016 under protest. When there were no positions available when they reported for duty, the employees were offered with alternative positions. The employees declined the offer and the Bank then proceeded to retrench them vide letters dated 12 August 2016.

[6] The employees have lodged representations to the Minister under s 20 of the Industrial Relations Act 1967 in respect of their termination.

[7] The Union then filed an application for the interpretation of the Collective Agreement Cognisance No 243/2015 dated 30 November 2015 ("CA dated 30 November 2015").

[8] The Union's application was dismissed by the Industrial Court, hence the Union filed this application to quash the Award.

The Findings Of The Court