Azmel Maamor J:

This is an application by the applicant by way of an originating motion for an order of certiorari to quash the award of the Industrial Court vide Airspace Management Services Sdn. Bhd. v. Col (B) Harbans Singh Chinger Singh [1998] 2 ILR 1115 dated 5 August 1998 which ruled that the dismissal of the applicant by the 1st respondent, Airspace Management Services Sdn. Bhd. was with just cause and excuse.

The facts of the case are briefly as follows. The applicant was appointed as the deputy project manager of the 1st respondent's company with effect from 14 July 1994. It was contended by the 1st respondent, though strenuously refuted by the applicant, that the applicant was appointed on probation for a period of six months. After the expiry of the six months period his probation was further extended for another six months period as the applicant was alleged to have failed to carry out his duties properly and also had abused his position as an employee of the 1st respondent company. As the 1st respondent was still not satisfied with the performance of the applicant and insistin