Alauddin Mohd Sheriff J:

[1] MUI Bank Berhad Johor, the applicant, filed an application by way of notice of originating motion (encl 10) for-

[2] An order for certiorari to remove into this Court for the purpose of it being quashed the award of the Industrial Court made on 9 October 1992 that is Industrial Court Award No 270 of 1992.

[3] The grounds as set forth in the copy of the statement filed on 31 October 1992 are-

(1) The Industrial Court committed an error of law and jurisdiction in that it concluded that on a charge of misappropriation the Domestic Inquiry is required to find that the evidence would "... conclusively point to the claimant" as being guilty.

(2) The Industrial Court committed an error of law and of jurisdiction by asking itself the wrong question that is whether the Domestic Inquiry had conclusively found the respondent to be guilty.

(3) The Industrial Court committed an error of law and jurisdiction in concluding that the applicant "condoned" the actions of the respondent within the meaning of that term and law.

(4) The Industrial Court committed an error in law and jurisdiction by invoking s 114(g) of the Evidence Act when there was no clear evidence before the Court that permitted the said provision to be invoked.

(5) The Industrial Court committed an error of law and jurisdiction by requiring that the "authenticity of transcribed reports and proceedings and the tapes" had to be proved when there was no challenge to the same in the course of the hearing.

(6) The Industrial Court committed an error of law and jurisdiction by awarding the relief of reinstatement which in law is not appropriate in the circumstances of the case.

(7) The Industrial Court committed an error of law and jurisdiction by failing to ask itself the appropriate questions to decide if the charge of misappropriation could be substantiated.

[4] Before proceeding to consider the grounds put forth some brief background is necessary. The respondent, Tee Puat Kuay joined the MUI Bank Segamat Branch on 16 November 1982 as a Class 1 Officer. On 9 July 1987 he was appointed a Cash Officer cum Operational Officer. On at least two occasions during the course of his service with the Bank the respondent received letters of merit in recognition of his performance and service with the Bank. All along he had no problems with the Bank.

[6] In the aftermath the respondent was relieved of his duties as Cash Officer and relegated to an unspecified post. As he was not suspended from work, he resumed duties as usual.

[7] However, a week later that is on 28 August 1989 at about 8.00 am the respondent whilst at his house received a mysterious phone call informing him that the riddle of the missing money could be resolved if he could locate a certain red dustbin near a certain restaurant in Segamat town. The respondent immediately passed this information to the Assistant Manager and the respondent together with his house-mate proceded to the place of rendezvous followed by the Assistant Manager soon after. True enough, out of the red dustbin they fished out a bundle wrapped up in newspaper and brought it to the Bank. On opening the bundle they found a stack of