Mohd Ghazali Yusoff JCA:

This was an appeal against the decision of the learned judge, High Court, Kuala Lumpur who dismissed the appellant's application for an order of certiorarito quash the award of the Industrial Court and for an order of mandamus to direct the Industrial Court to hear his dismissal case on the merits.

The appellant, who claimed that he was an employee of Metatrade Sendirian Berhad, the respondent, and which according to the evidence is a subsidiary company of Metacorp Berhad, considered that he had been dismissed without just cause or excuse by the respondent and consequently made representations to the Director General for Industrial Relations. The representations were subsequently referred to the Industrial Court by the Minister for an award pursuant to s. 20(3) of the Industrial Relations Act 1967 ("the Act").

In his "statement of case" before the Industrial Court, the appellant stated that at the material time he was the executive director and general manager of the respondent and his last drawn salary was RM5,000 per month. It is his claim that as an employee he was entitled to the following:

(a) a basic salary;

(b) a fully maintained company mot