Mohd Azmi Kamaruddin FCJ:

[1] We allowed this appeal on 19 June 1995, and we now give our reasons.

[2] The appeal of Milan Auto Sdn Bhd was against the decision of the High Court dated 22 February 1994 in dismissing the appellant's application to quash the award of the Industrial Court No 116 of 1992 pursuant to a reference made by the Minister of Human Resources under s 20(3) of the Industrial Relations Act, 1967 following representation by Encik Wong Seh Yen (the respondent/claimant), a mechanic with a monthly salary of RM600 who considered himself to have been dismissed without just cause or excuse by the appellant on 31 March 1990. The grounds for the claimant's dismissal, as contained in the company's letter of 31 March 1990 reads:

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Mr Wong Seh Yen

Re: Termination of Service

We refer to the above captioned subject and regret to inform you that your service is hereby terminated immediately.

We have been informed by your immediate superior, service manager, Mr Yew Sin Nam, that your attitude towards the company's working policy in very unbecoming. On three occasions you have been caught sleeping during office hourby the parts director and operations manager. You have taken lea