KN Segara JCA:

[1] The appellant is a Malaysian citizen, 54 years of age, possessing academic qualifications in engineering and law. He was employed by the 1st respondent company as an IT Advisor on a six months fixed term contract with effect from 1 July 2000. The terms and conditions of employment are found in the appellant's letter of offer of employment dated 10 May 2000. The appellant accepted the offer of employment on the said terms and conditions and duly signed the acceptance on 1 June 2000. Barely three months into the contract, by letter dated 25 September 2000, the appellant tendered to the 1st respondent company his resignation, claiming that he had been constructively dismissed.

[2] The relevant terms of the fixed term employment relating to the period of the contract, salary and termination of employment appear in the letter of offer at cls. 1, 2 and 9 which reads:

1. Period Of Contract

This contract of employment shall be for a period of six (6) months commencing from 1 July 2000 and will expire on 31 December 2000, unless terminated earlier by either party by giving notice in accordance with the provision of art. 9 of this agreement.

2. SALARY

Your basic salary will be RM9,000 per month.

3. ANNUAL LEAVE

...

4. WORKING HOURS

...

5. EMPLOYEES' PROVIDENT FUND

...

6. MEDICAL BENEFITS AND HOSPITALISATION

...

7. COMPANY CAR

...

8. BONUS

...

9. TERMINATION OF EMPLOYMENT

During the validity of this contract either party may terminate this contract of employment by serving one (1) month written notice or the payment of one (1) month salary in lieu thereof.

10. CODE OF CONDUCT

...

11. COMPANY'S RIGHT TO AMEND

...

12. MEDICAL CHECK-UP

...

[3] The dispute between the appellant and the 1st respondent company arises from a representation for unfair dismissal made by the appellant under s. 20 of the Industrial Relations Act 1967 in respect of his constructive dismissal by the 1st respondent company with effect from 25 September 2000. The Minister referred the dispute to the Industrial Court, the 2nd respondent herein.

[4] On 30 December 2002 the Industrial Court handed down its award and held that the appellant was constructively dismissed without just cause or excuse. The Industrial Court also made a finding of fact that the appellant was engaged for a fixed term period of six months and ordered that the appellant be compensated with the remuneration that he would have earned for the balance period (three months) of the six months contract, as well as a further three months remuneration as exemplary compensation for the 1st respondent's conduct, which the Industrial Court found to be deplorable acts of victimization of the appellant, at the hands of 1st respondent's General Manager of the IT Division. The total sum awarded to the appellant was RM71,880. The 1st respondent paid the said sum of RM71,880 in compliance of the award but the appellant sought to quash this part of the award by an application for judicial review in the High Court, Penang.

[5] On 19 May 2004, the High Court dismissed the appellant's application for judicial review with costs and upheld the Industrial Court's award for the appellant's constructive dismissal by the 1st respondent. The appellant now appeals against that decision.

[6] We are satisfied that the learned High Court judge was clearly mindful of the fact that the proceeding before him was not in the nature of an appeal to review the findings of the Industrial Court. He had correctly approached the matter in judicial review with a view to discover any procedural impropriety, illegality or irrationality on the part of the Industrial Court in arriving at the decision and the award, so as to have exceeded its jurisdiction. We are unanimous there is no merits in this appeal before us.

[7] The finding of constructive dismissal without just cause or excuse of the appellant made by the Industrial Court was neither the subject matter of judicial review before the High Court nor the subject of appeal before us. Therefore,