AWARD

The parties to the instant matter are Taman Desa Medical Centre and Specialist Hospital (Pelangi Enterprises Sdn Bhd) (hereinafter referred to as "the Respondent Hospital") and Dr Annadurai a/l Karupiah (hereinafter referred to as "the applicant/claimant").

This is an application by the applicant/claimant to set aside Annadurai Karupiah v. Taman Desa Medical Centre & Specialist Hospital (Award No. 876 of 2002) which was handed down by another division of this honourable court on 16 October 2002. The respondent hospital opposes the application and the grounds of opposition are set out in the affidavit in reply affirmed by the Medical Director of the Respondent Hospital, Dr. Teoh Kim Loon on 10 March 2003.

The issue before the Industrial court in Case No. 21/4-25/02 (Annadurai Karupiah v. Taman Desa Medical Centre & Specialist Hospital ) was the dismissal of the applicant/claimant as a medical officer with effect from 8 May 1999 allegedly without just cause or excuse.

The respondent hospital denied the applicant/claimant's contention and filed a statement-in-reply dated 23 May 2002 through its solicitors M/s Zaid Ibrahim & Co. The statement-in reply was in response to the statemen