The Applicant was the employer of the first Respondent. The first Respondent faced two disciplinary charges of misconduct before the domestic tribunal instituted by the Applicant. The charges were in respect of alleged assault on two separate occasions upon another employee of the Applicant by the name of Mohamad Idris b. Mohamad Sidek. The first Respondent was found guilty on both charges and consequently his service with the Applicant was terminated w.e.f. 15th March 1995. Pursuant to section 20 of the Industrial Relations Act 1967 the dispute over the dismissal was referred to the Industrial Court. By Award No. 246 of 1997 handed down on 28th May 1997, the court upheld the dismissal of the first Respondent by the Applicant as being one of just cause or excuse [2] after completing the hearing before it on 3rd May 1997. However, in the said award, the court apportioned a certain degree of blameworthiness on the part of the Applicant by awarding to the first Respondent a sum of RM53,118.00. This award of the court is the subject matter of a certiorari proceeding in the above originating motion taken up by the Applicant. The first Respondent, however, filed no similar appli