Eusoffe Abdoolcader SCJ:

[1] This appeal centres primarily on the determination of the question of an error of law amounting to excess or lack of or defect in jurisdiction sufficient to preclude the postulate of a statutory privative clause prohibiting certiorari to quash an industrial award.

[2] Lim Tong Sun ('Lim') was at the time of his dismissal a Class II Officer attached to the Cameron Highlands Branch of the appellant Bank. A domestic inquiry was held in respect of charges against him that he had issued two cheques but closed his account with the Bank before they could be presented, and then issued three more cheques after closing his account, and of impersonating the Branch Manager of the Bank and borrowing money from a customer of the Bank at the latter's house, and further of breach of duty in failing to abide by instructions requiring him to stay at his place of residence in Cameron Highlands during normal working hours whilst under suspension. The panel of inquiry found Lim guilty on all the charges except that of impersonation and as a result he was dismissed on the basis that he had abused his position and misplaced the trust put in him as an officer of the Bank