Mohd Ghazali Yusoff JCA:

[1] The respondent, who was an employee of the appellant, a locally incorporated company, considered that he was dismissed by the appellant 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. On 23 January 2001, the Industrial Court concluded that the respondent's dismissal was with just cause and excuse and hence dismissed the claim.

[2] The respondent, upon leave being granted by the High Court, applied for an order of certiorari to quash the award of the Industrial Court and for an order of mandamus to direct the Registrar of the Industrial Court to fix the matter for re-adjudication before another Chairman of the Industrial Court. At the end of the day, the learned judge of the High Court ordered that mandamus be issued directing the Registrar of the Industrial Court to fix the matter for re-adjudication before another Chairman. He did not however make any order with r