KC Vohrah J:

This is an application for certiorarito issue in respect of Swedish Motor Assemblies Sdn Bhd v. Hj Md Ison Baba[1998] 3 ILR 367(the award) which was handed down by the Industrial Court after the Court of Appeal had ordered the court to determine the appropriate remedy to be awarded to Hj Md Ison bin Baba (Md Ison) who had been employed by Swedish Motor Assemblies Sdn Bhd (Swedish Motor), the respondent, at its Assembly Plant in Shah Alam.

How the Court of Appeal's order comes into the picture must be recounted.

Md Ison had joined Swedish Motor on 1 September 1975. His last drawn salary was RM6,174 per month and he was also given the use of a company maintained motor car.

Md Ison signed a letter of resignation in October 1992 that had been prepared by Swedish Motor as well as an agreement relating, inter alia, to some benefits. Md Ison said he was forced to sign the letter of resignation and considered himself to have been dismissed without just cause and filed representations under s. 20(1) of the Industrial Relations Act 1967(the Act).

Md Ison's case was subsequently referred to the Industrial Court. The Industrial Court after having had a hearing handed down