Gunn Chit Tuan J:

The applicant, Malayawata Steel Berhad, sought by writ of certiorari to remove into this Court for the purpose of it being quashed Industrial Court Award No. 57/76 made on 22 July 1976 in Industrial Court Case No 71/76.The grounds on which the leave was sought were as follows:-

(1)for breach of the rules of natural justice in that the applicant was not given a fair opportunity of being heard by presenting its case and calling witnesses;

(2) for excess of jurisdiction in that the Industrial Court had exceeded its jurisdiction by making an award on the quantum of Special Relief Allowance when this was not one of the issues before the Court; and

(3)for an error of law on the face of the Record in that under s. 30(7) of the Industrial Relations Act, 1967 (Revised 1976), the Industrial Court can only make an award retrospective to a date not more than six months from the date the dispute was referred to the Court.

The events leading up to the present proceedings were as follows:-

In 1973 the applicant and the respondent, the Union of Malayawata Steel Workers, commenced negotiations on improved wages and conditions of service. The negotiations were fraught