Introduction

[1] This is an appeal brought against the decision of the learned judge in the High Court at Kuala Lumpur whereby he quashed an award of the Industrial Court that had been handed down in the appellant's favour At the heart of this appeal lies the vexed question whether the High Court acted within the parameters of its certiorari jurisdiction. The essence of the dispute would appear to centre on a complaint by the appellant that the learned judge had indeed exercised appellate jurisdiction in proceedings that were plainly not an appeal. The factual matrix that forms the background to this appeal may be shortly stated.

Background Facts

[2] At all material times the appellant was the controller-processing of the respondent company. According to the evidence that he gave before the Industrial Court, he was in charge of all palm oil mills operated by the respondent. On 6 August 1993, the respondent sent a memorandum to the appellant