Nik Hashim J:

This is an application by Credit Corporation (M) Bhd the applicant, for an order of certiorari to remove and quash Award No. 465 of 1997 dated 1 October 1997 by the Industrial Court, the 2nd respondent. The award was made pursuant to s. 20 of the Industrial Relations Act 1967 (the 'Act'), whereby Choo Kam Sing, the 1st respondent, claimed that he had been dismissed without just cause and excuse. The Industrial Court acceded to the claim.

The 1st respondent commenced employment with the applicant as a credit officer on 13 January 1977. At the time of retrenchment on 28 August 1992, the 1st respondent was holding the post of National Sales Manager, drawing a monthly salary of RM9,397. The applicant stated in the letter of termination dated 28 August 1992 (p. 45 of encl. 3) that the termination of the 1st respondent's service was necessitated by reason of a reorganisation of the applicant which resulted in the 1st respondent's job function within the company becoming redundant.

In his award, the learned Chairman of the Industrial Court at p. 19 of the award said:

It is true that in examining the reason for reorganisation of the company (applicant) and the res