On 21st July 1995 the Applicant filed a notice of motion purportedly in pursuance to leave granted, for an order of certiorari to quash and/or set aside Award No. 258 of 1995 handed down by the Industrial Court on 20th June 1995 whereby it was held that the termination of the service of the Applicant by the Respondent was valid and that the claim of the Applicant was without merit. In that notice of motion it is stated that the grounds for the application are as stated in the affidavit of Tuan Syed Hashim bin Tuan Long and in the statement under O. 53 r.(1)(2) of the Rules of the High Court 1980. Attached to the said notice of motion is the affidavit of Syed Hashim bin Tuan Long affirmed on 21st July 1995 and a statement filed in accordance with O. 53 r. (1)(2) of the Rules of the High Court 1980.

Then by a summons in chambers filed on 11th October 1995 the Applicant applied for leave to amend the said notice of motion of 21st July 1995. On 11th December 1995, leave was granted to the Applicant thereby converting the notice of motion into an application for leave to apply for an order of certiorari instead. On 5th February 1997, on the hearing of the amended motion, leave