Abdul Hamid Mohamad JCA:

The first respondent was a clerk at the bill payment counter of the appellant (Telekom Malaysia Kawasan Utara). He was dismissed by the appellant. The Industrial Court upheld the dismissal. The first respondent filed an originating motion in the High Court for an order of certiorarito quash the award of the Industrial Court. The High Court granted the order. The appellant appealed to this court. We allowed the appeal with costs. Here are the grounds for allowing the appeal.

Briefly, the first respondent was alleged to have received a total of RM5,168.77 in cash from customers who came to settle their bills, issued receipts showing that they were paid by cheques belonging to Natkunasingam for the same amount which cheques were dishonoured thus causing a loss to the appellant. He was "charged" for an "offence" under Polisi Syarikat MPSTM-43-Kesalahan Berat Perkara 2 iaitu "Mencuri atau menipu termasuk cuba mencuri atau cuba menipu dalam keadaan yang berkaitan dengan harta benda Syarikat dan boleh diambil tindakan mengikut art. 64 Perjanjian Bersama 11/1992."

As said by the learned judge, the first respondent's complaints before him were not directed