WAN AFRAH IBRAHIM
SOUTHERN BANK BHD – Appellant
Versus
KAMARUDIN OTHMAN – Respondent
Wan Afrah Ibrahim JC:
This is an application made by the applicant for an order of certiorari to quash part of the Industrial Court Award no. 612 dated 18 July 2002 when the Industrial Court had set aside the dismissal of the first respondent by the applicant and awarded monetary compensation to him.
Grounds For Application
(1) the second respondent acted without jurisdiction and/or in excess of jurisdiction and erred in law when it decided that notwithstanding the first respondent's failure to comply with procedure (banking), he ought not to have been dismissed by the applicant;
(2) the second respondent acted without jurisdiction and/or exceeded its jurisdiction and committed an error of law when it held that because there was an absence of deliberate or criminal intent on the part of the first respondent, the dismissal should be set aside;
(3) the second respondent's decision to set aside the dismissal was a decision that was illegal and without power in as much as the second respondent had failed to properly appreciate and apply the relevant legal principles that govern misconduct due to non-compliance with procedures (banking);
(4) the second respondent erred in law a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.