Mohd Ghazali Yusoff JCA:

[1] The appellant, who was an employee of the respondent, a locally incorporated company, considered that he was dismissed without just cause or excuse and hence made representations in writing to the Director General for Industrial Relations pursuant to the provisions of s. 20 of the Industrial Relations Act 1967 ("the Act") to be reinstated to his former employment. The representations were subsequently referred to the Industrial Court for an award.

[2] On 30 August 2001, the Industrial Court concluded that the appellant's dismissal was "not only without just cause or excuse, it is also unreasonable, not in good conscience and excessively harsh". The Industrial Court also concluded that since the appellant was now gainfully employed "it would be better that no order of reinstatement is made". The Industrial Court consequently ordered the respondent to make monetary compensation to the appellant consisting of back wages and compensation in lieu of reinstatement.

[3] The respondent, upon leave being granted by the High Court, applied for, inter alia, the following reliefs:

(i) an order of certiorari to quash the award of the Industrial Court dated