KC Vohrah J:

Decision

I am allowing the application for an order of certiorari to issue to quash Industrial Court Asian Ceramic Sdn Bhd v. Dharmaraja [1997] 3 ILR 1091 dated 24 December 1997. The matter is remitted to the Industrial Court to be heard by another chairman.

I rest my decision principally on the ground that the chairman of the Industrial Court had misconstrued and in fact wrongly applied s. 15(2) of the Employment Act 1955 in arriving at the decision that the claimant had breached his contract of employment with the company, the respondent in this matter.

It is appropriate to set out the letter dated 28 May 1994 sent by the company to the claimant. What is to be noted is that there was a meeting held by COW1 with the claimant and a few other kiln operators. This was on 27 May 1994. The meeting resulted in the claimant leaving the meeting and then leaving the factory premises. The claimant returned to work on 30 May 1994 at 3 pm but was not allowed entry into the factory.

I go back to the letter that was issued on 28 May 1994 just one day after the claimant left the premises which rea