Shaik Daud Ismail JCA:

[1] This is an appeal from the decision of the High Court at Kuala Lumpur in dismissing the appellant's application for an order of certiorari and mandamus. The appellant by an ex parte Originating Motion dated 2 April 1994, applied for an order of certiorari to remove into the High Court for the purpose of it being quashed the decision of the 1st respondent dated 23 February 1994 and for an order of mandamus directing the 1st respondent to exercise his discretion according to law pursuant to s 20(3) of the Industrial Relations Act 1967 ('the Act').

[2] The facts leading to the appellant making the above application are that the appellant was originally appointed the General Sales Manager of Guinness Malaysia Sdn Bhd on 1 September 1986 and continued to hold that appointment until around November 1989. Sometime around November 1989 there was a merger between Guinness Malaysia Sdn Bhd and another prominent brewery, the Malayan Brewery Bhd. This merger resulted in the formation of Guinness Anchor Bhd, the 2nd respondent herein. After the merger, the appellant continued his employment in the 2nd respondent in the capacity of General Manager Sales.

[3] By a