Wan Afrah JC:

This was an application for an order of certiorari to quash the award of the Industrial Court (hereinafter referred to as the "IC ") No. 148 of 2002 dated25 February 2002 in Case No. 1/1-863-2001 by one Mr Teong Kok Kong (hereinafter referred to as the "applicant ").

Also included in this application was an order of mandamus directing that the said case be remitted to the IC for re-adjudication by another Chairman and panel members to hear his application for a joinder of parties pursuant to s. 29(a) of the Industrial Relations Act 1967.

Facts Of The Case

The applicant was an employee with Yoahan Marketing (M) Sdn Bhd (hereinafter referred to as the "1st respondent ") and upon his dismissal, filed a claim for reinstatement pursuant to s. 20(3) of the Industrial Relations Act of 1967. The matter was referred to the IC vide Case No. 4/4-419/99.

The IC in its Award No. 537 of 2001 dated 16 July 2001 (hereinafter referred to as the "1st award ") found that the applicant had been dismissed without just cause or excuse by the 1st respondent and awarded him the sum of RM110,000 as backwages and compensation in lieu of reinstatement.

Subsequently, when the 1st respondent failed to comply with the order to pay the said sum as per the 1st award, the applicant filed non-compliance proceedings pursuant to s. 56(1) of the IRA 1967 and thereupon, made an application to join the 2nd and 3rd respondent (the directors of me company) and the 4th respondent (the holding company) as parties pursuant to s. 29(a) of the IRA 1967. The non-compliance complaint proceedings were registered as IC case No. 1/1-863/01 and an affidavit to that effect was filed by the applicant. The IC fixed the complaint to be mentioned on 17 October 2001.

On the said date, the IC ordered the parties proposed to be joined to file an affidavit in reply and fixed the joinder application forinter parties hearing on 4 February 2002. By virtue of r. 3(1) of the Industrial Relations Rules 1967, the parties proposed to be joined filed Form a and B, which allows the joined parties to be represented by legal counsel. On 19 November 2001, the parties proposed to be joined filed an affidavit in reply opposing the joinder application.

At the inter parties hearing held on 4 February 2002, counsel for the proposed joined parties objected to the joinder application and contended that the IC should hear and determine a preliminary point of law - Whether the applicant could file an application to join parties pursuant to s. 56(1) of the IRA 1967, ie, whether there could be a joinder of parties during the non-compliance complaint proceedings.

The IC, after hearing submissions on the issue mentioned above, handed down Award No. 148 of 2002, wherein it held that the applicant could not apply to join parties at the non-compliance complaint proceedings stage. The award read as follows:

In the court's opinion the two Directors were not heard in their capacity as employers but were heard as witnesses of the Company. Hearing the holding Company at the non-compliance proceeding is not sufficient. It should be heard in the dismissal proceedings.

The Court considered the submission of learned Counsel and is of the opinion that the decision in Melewar Trading Corporation Sdn Bhd & Melewar Guangdong Trade & Development Corporation v. Mariam Sheikh Mohd Shafi [1991] 1 ILR 160 is a right decision and should be followed. The case before this Court in on all fours with the authority cited. The Court also agrees that it is contrary to the rule of natural justice in that the proposed third parties did not have the opportunity of being heard at the hearing of the dismissal case. For these reasons, the application is dismissed.

Dissatisfied with the IC's refusal to hear the joinder application on its merit, the applicant filed an application for judicial review to quash the Award No 148 of 2002 on the ground that the IC had erred in law pertaining to its jurisdiction and failed to take i