Faiza Tamby Chik J:

[1] This is an application for, inter alia, an order of certiorari and an order of mandamus of the decision of the Honourable Minister of Human Resources ("the 1st respondent") made on 30 July 1998 pursuant to s 20(3) of the Industrial Relations Act 1967 ("the said Act"). The aforesaid decision of the 1st respondent was in respect of a representation of unfair dismissal made by the applicant under s 20(1) of the said Act. The 1st respondent decided not to refer the applicant's representation to the Industrial Court for adjudication in accordance with the discretion vested in him under s 20(3) of the said Act. Sections 20(1) and 20(3) of the said Act read as follows:

(1) Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer, he may make representations in writing to the Director General to be reinstated in his former employment; the representations may be filed at the office of the Director General nearest to the place of employment from which the workman was dismissed.

(3) Upon receiving the notification of the Director General under