Gopal Sri Ram JCA:

This appeal has been brought against the order of the High Court at Kuala Lumpur made on 1 August 1997 whereby certiorari was issued quashing the award of the Industrial Court which had been delivered on 26 July 1995. The brief facts and background are as follows.

The respondent was at all material times employed by the appellant as a production and maintenance manager. By a letter dated 1 August 1992, the appellant purported to terminate the respondent's services by giving him three months notice. Later, on 15 October 1992, the parties entered into a written agreement under which the respondent resigned from the employment of the appellant. Since both these documents are of some importance, they are reproduced in full below.

Private And Confidential

Hj Mohd Ison B Baba No 10 Jalan SS 15/5E 47200 Subang Jaya 1st August 1992

The General Manager Swedish Motor Assemblies Sdn Bhd Jalan Bicu Shah Alam

Dear Sir,

Notice of Termination of Service

I wish to terminate my services earlier than my due retirement date if the Company would give me mutually acceptable and adequate compensation in consideration of my services from 2nd Sept, 1975.

On the basis of