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1998 MarsdenLR 264

HIGH COURT MALAYA KUALA LUMPUR
BOEY SOW FOONG – Appellant
Versus
ANTAH DRILLING SDN BHD & ANOR – Respondent


Petitioner Advocates:K L Wong ,Respondent Advocate: Balvinder Singh

JUDGMENT

Nik Hashim J:

[1] This is an application for an order of certiorari by Boey Sow Foong, the Applicant, to quash the Industrial Court's award No 48 of 1997 dated 29 January 1997, which held that the dismissal of the Applicant was with just cause and excuse on the ground of redundancy.

[2] The Applicant was employed by the Antah Drilling Sdn Bhd (the Respondent) as an Account Manager on 2 March 1993. She worked under the Finance Manager who was an expatriate. At the material time, the Respondent was in the business of providing off-shore drilling services to Esso Production Malaysia Incorporated. On 3 February 1994, the Applicant's services was terminated by the Respondent on the ground that her position was eliminated due to reduced level of activity and she was given one month notice vide letter dated 3 February 1994. At the time of termination, the Applicant was drawing a salary of RM4,000/- per month.

[3] The learned Chairman of the Industrial Court made the following findings at pp 10 to 12 of his award:

"The facts in the case before the Court established that the requirement for the Claimant's (Applicant's) service had diminished following the completion of the contract in F

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