Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the judicial review application in respect of the award of the Industrial Court seeking inter alia the following.

(i) The transfer of the applicant by the 2nd respondent to another entity, Ganda Plantations Sdn Bhd with effect from 1 January 1994 and with a reduction in the applicant's total remuneration constituted a dismissal of the applicant without just cause or excuse and/or was an unfair labour practice and/or unlawful or was victimization be upheld and affirmed;

(ii) That the 1st and/or the 2nd respondent be accordingly directed to reinstate the applicant to his former position or equivalent position in the 2nd respondent without any loss of wages, allowance, service, seniority privileges or benefits of any kind and/or any other alternate relief as shall be deemed fit and proper; and

(iii) That all necessary and consequential directions and/or other orders, as the case may be, be given.

[2] The respondent at the commencement of the hearing as a preliminary issue says that the applicant did not in his notice of hearing apply for an order for certiorari to quash the award of the Industrial Court and in conseq