VT Singham J:

[1] By this application for judicial review dated 17 January 2006 (encl. 9), the applicant had applied for an order of certiorari to set aside or quash the award made by the Chairman of the Industrial Court, Ipoh on 20 May 2005 in favour of the second respondent/employee. In this judgment, the applicant and the second respondent would be referred to as the 'company' and the 'employee' respectively.

[2] The award of the Industrial Court in favour of the employee is as follows:

(i) Salary for the month of August 2001 = RM2,000.00

(ii) Reimbursement for food allowance, petrol and medical fees = RM 513. 40

(iii) 24 months backwages of RM2000 x 24 = RM48,000.00

(iv) Compensation in lieu of reinstatement being one month salary for every completed year of service (RM2000 x 164/12 = 13 years 8 months) = RM27,333.00

Total = RM77,846.40

[3] The total award of RM77, 846.40 was ordered to be paid through the employee's solicitors within thirty (30) days from the date of service of this award on the company subject to any statutory deductions.

[4] Before this court proceeds to deliver its decision, it is only appropriate to list out in brief, the chronology of events which are not in dispute:

No. Date Particulars

1. November 1987 Employee commenced employment as a Laboratory Assistant with the company.

2. 2 years later

(November 1989) Employee was promoted to Production Executive

3. November 1991 Employee was promoted to post of Production Manager.

4. 1 November 1995 Employee left the employment

5. 16 November 1995 Employee rejoined service.

Amongst the employee's duties were:

(i) Promoting the marketing and sales of company's product (sauce).

(ii) In charge of the productionof sauce and the administration of workers employed in the production.

(iii) Liaising with government department or agencies and suppliers pertaining to company's businesses.

6. 23 May 2001 (a) Employee was initially dismissed by a letter dated 23 May 2001 with immediate effect as Production Manager without assigning any reason.

(b) Following a complaint to the Industrial Relations Department by the employee, he was reinstated by consent through a Memorandum of Agreement dated 30.6.2001 signed by the Manager of the Company Mr. Yee Choon Yew and the employee.

(c) By the terms of this Consent Agreement, the employee was reinstated to his original post as Production Manager without any loss of seniority together with all benefits received.

(d) The employee was to report for work on 2.7.2001

(e) The Company agreed to pay to the employee the arrears of wages for the period of unemployment from 24.5.2001 until 1.7.2001.

7. 22 August 2001 Employee claimed he wasconstructively dismissed and sent a letter to the company to that effect.

[5] On 22 August 2001, the employee regarded himself as being constructively dismissed and sent a letter dated 22 August 2001 to that effect to the company. The complaints, inter alia of the employee for the constructive dismissed are as follows:

(i) Upon reporting for work on 2 July 2001 after the consent agreement, at about 7.45am, the employee could not locate his punch card. Upon requiring for the punch card, the manager accused him for not punching his card.

(ii) On the same day ie, on 2 July 2001, the manager offered to pay three (3) months wages if he tenders his resignation. Upon refusing to accept the offer, the Management instructed him to sit outside the main office until further instructions. At about 9.17am, he was then handed the punch card.

(iii) Denied the employee access to his office in the factory where he worked prior to his first dismissal on 23 May 2001.

(iv) Denied the employee from receiving incoming calls whether it was official or private.

(v) Rejected employee's application for annual leave on 28 July 2001 and 30 July 2001.

(vi) Prevented employee from getting lifts either in the company cars or in the staff private cars either to and from work or during lunch breaks.

(vii) Made the employee to si