Haidar Mohd. Noor J:

On 23 May 1991 the applicant, Holiday Inn Kuching was granted leave to apply for an order of certiorari to remove into the Court for the purpose of being quashed the Industrial Court Award No. 255 of 1990 ([1990] 2 ILR 262) dated 25 September 1990 given in Industrial Court Case No. 1:4/4 - 325/87.

The award was for the sum of RM49,005 in respect of backwages and compensation in lieu of reinstatement to the respondent, Elizabeth Lee Chai Siok after making a 40% deduction for her contributory conduct for her dismissal without just cause or excuse by the applicant as ruled by the Industrial Court. The award was however, subject to the usual income tax deductions and EPF contributions, if any.

At the outset of the hearing, Counsel for the respondent raised a preliminary objection on the applicant's application on the ground that the applicant had filed an application before the Industrial Court under s. 33A of the Industrial Relations Act 1967 (IRA) to refer a question of law to the High Court and such application is still pending and the present application before this Court is substantially on the same issue and as such it should be viewed as an attempt