Gopal Sri Ram JCA:

Introduction

[1] On 3 August 1994, the High Court at Kuala Lumpur, in proceedings commenced by the respondent Union, granted certiorari and quashed an award of the Industrial Court dated 6 January 1994. It also issued mandamus directing it to reconsider the matter according to law. The appellant company, being dissatisfied with this decision has appealed. This Court heard the appeal on 10 and 12 April 1995, and reserved judgment. I now hand down the decision that I have arrived at and the reasons for the same. For convenience, I shall, throughout this judgment, refer to the Industrial Court as "the Court", the Industrial Relations Act, 1967 as "the Act", and the Industrial Rules 1967 as "the Rules".

Background

[2] On 2 June 1988, the Court handed down an award ("the first Award"), in respect of a trade dispute referred to it by the Minister under s 26 of the Act. It concerned a complaint by the respondent Union that several of its members had been dismissed by the appellant company without just cause or excuse. By the first Award the Court struck down the dismissal of some of the workmen as being unjustified. It upheld the dismissal of others In respect of t