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2023 MarsdenLR 712

HIGH COURT MALAYA PULAU PINANG
ANEKA RETAIL (M) SDN BHD – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ORS – Respondent


Petitioner Advocates:Pavitra Loganathan,Sachpreetraj Singh Sohanpal ,Respondent Advocate: Ooi Zie Yiong

Table of Content
1. application for leave to quash industrial court award by judicial review. (Para 1 , 2)
2. constructive dismissal and financial disputes of respondents. (Para 3 , 4 , 6)
3. court's decision to grant leave for judicial review application. (Para 8 , 10 , 12)
4. judicial review proceeds as the minister's reference was prior to amendments. (Para 17 , 23)
5. conditional stay ordered pending outcome of the review. (Para 27 , 28 , 29)
Anand Ponnudurai J:

Introduction

[1] This is an application pursuant to O 53 of the Rules of 2012 for leave to apply for an order of certiorari to quash Industrial Court Award Nos 1630 of 2022 and 1631 of 2022, both dated 25 July 2022.

[2] At the first case management date, an issue arose as to whether the Applicant had correctly utilized judicial review proceedings or ought to have filed an appeal under s 33C of the Industrial Relations Act 1967 (hereinafter referred to as the said "1967 Act") which came into force on 1 January 2021 videIndustrial Relations (Amendment) Act 2020 Act A1615. In this regard, learned Senior Federal Counsel contended that the Applicant ought to have filed an appeal and not proceed via a judicial review application.

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