This is an application by the applicant for an order of certiorari to quash Award No 138/88 handed down by the Industrial Court on 2 June 1988 pursuant to a reference made under s 36(2) of the Industrial Relations Act 1967. The said reference arose out of the dispute between the applicant and the respondent over the dismissal, transfer and demotion of some of the employees of the applicant whose particulars are set out in sch A, B and C annexed to the award.

It is not in dispute that the applicant is the only transport company in the state of Kelantan and is thus classified as an essential service under item 11 of the schedule to the Industrial Relations Act 1967.

The facts as disclosed by various affidavits are that on 27 August 1986 the applicant suspended an express bus driver Abdul Hamid bin Wok (claimant No 1 in sch A) pending investigations under s 14(2) of the Employment Act 1955 for an alleged misconduct in that he had physically opposed his superior at about 2.15pm on same day. At the material time, Abdul Hamid was the respondent's union section vice-chairman. Consequent upon the said suspension, 17 drivers referred to in sch A are alleged to have individual