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2022 MarsdenLR 2088

HIGH COURT MALAYA IPOH
THEAN HEONG SAUCE MAKER – Appellant
Versus
INDUSTRIAL COURT MALAYSIA & ANOR – Respondent


Petitioner Advocates:V Sreedaran Nair A Veloo Pillay ,Respondent Advocate: J L Khong

Table of Content
1. judicial review standards. (Para 18 , 19 , 21)
2. reasonableness in decision-making. (Para 22 , 28 , 30)
Judicial Review

[18] The Federal Court in Ranjit Kaur S Gopal Singh v. Hotel Excelsior (M) Sdn Bhd; [2010] 5 MLRA 696; [2010] 6 MLJ 1; [2010] 8 CLJ 629; [2011] 3 AMR 38, which followed the earlier Federal Court case of R Rama Chandran v. Industrial Court Of Malaysia & Anor; [1996] 1 MLRA 725; [1997] 1 MLJ 145; [1997] 1 CLJ 147; [1997] 1 AMR 433 has made it clear that in a judicial review application, the High Court may review the decision-making process of the inferior tribunal, such as the Industrial Court , on grounds of illegality, irrationality and proportionality, which permit the courts to scrutinise the decision not only for process but also for substance.

[19] This Court is mindful of the caution expressed by His Lordship Lee Swee Seng JCA in Ng Chang Seng v. Technip Geoproduction (M) Sdn Bhd & Anor; [2021] 1 MLRA 261; [2021] 1 MLJ 447; [2021] 1 CLJ 365 CA that "while the distinction between a review and an appeal may now be blurred it is not banished altogether where the challenge to the inferior tribunal's decision is based on illegality, irra

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