Low Hop Bing JC:

I. Application

[1] This is an application by the applicant for an order of certiorari to quash an award made by the Industrial Court under the Industrial Relations Act 1967 ("the impugned award") on a reference to it by the Minister under s 20(3). For the purposes of this judgment, a reference to a section is a reference to that section of the Act, unless the context otherwise requires.

II. Applicant's Grounds of Application

[2] In the applicant's statement filed pursuant to O 53 r 1(2) of the Rules of the High 1980, the following grounds are stated:

(a) The Industrial Court erred in law and acted without or in excess of its jurisdiction by failing to apply and/or to apply properly the established principles of industrial law on 'constructive dismissal' laid down by the Supreme Court in Wong Chee Hong v. Cathay Organisation (M) Sdn Bhd; [1987] 1 MLRA 346 [1988] 1 MLJ 92; [1988] 1 CLJ 45.

(b) The Industrial Court ought to have decided that the applicant did not commit any breach of fundamental terms of the contract of service and/ or even if the applicant did commit any such breach (which is denied), by reason of the delay the respondent would be regarded as havi