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2024 MarsdenLR 3858

HIGH COURT MALAYA KUALA LUMPUR
AHMAD KAMAL MD SHAHID, J
WOON KIM CHOY – Appellant
Versus
ACEXIDE TECHNOLOGY SDN BHD & ANOR – Respondent


Petitioner Advocates:Gavin Jayapal,Kausalyaa Munesbaran,Justin Faun ,Respondent Advocate: Mathews George

JUDGMENT

Ahmad Kamal Md Shahid J:

Introduction

[1] This is an application (JR 562) filed by the Applicant, Woon Kim Choy for Judicial Review (encl 7) under O 53 of the Rules of 2012 (ROC) to quash the Award No 1755 of 2022 [[2022] MELRU 1755] of the Industrial Court . The Award had held that the Applicant was not an employee of the Company and cannot therefore claim for unlawful dismissal at the Industrial Court .

[2] The Applicant is seeking the following reliefs:

2.1 A certiorari order to quash the whole decision of the Industrial Court as contained in Award No 1755 of 2022 [[2022] MELRU 1755] dated 9 August 2022;

2.2 A declaration and order that the 1st Respondent shall pay all just and equitable compensation to the Applicant, as ordered by this Honourable Court ;

2.3 Costs of and/or incidental to this application be costs in the cause; and

2.4 Such other and/or further reliefs as this Honourable Court deems fit and proper in the circumstances.

[3] The Applicant's case was heard together with another case involving another Director of the Company (Chang Heng Keong) at the Industrial Court , who is the Applicant in Judicial Review Application No WA-25-563-11/2022 (JR 563).

[4] The

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