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HIGH COURT MALAYA PENANG
VALEO MALAYSIA SDN BHD – Appellant
Versus
KETUA PENGARAH PERHUBUNGAN PERUSAHAAN JABATAN PERHUBUNGAN PERUSAHAAN & AN.... – Respondent
| Table of Content |
|---|
| 1. judicial review application for quashing decision. (Para 1 , 2) |
| 2. allegations regarding recognition and ballot invalidity. (Para 4 , 14) |
| 3. judicial review principles and decision-making authority. (Para 31 , 38) |
| 4. natural justice and procedural compliance. (Para 53 , 79) |
| 5. court's final ruling on the judicial review. (Para 78) |
Introduction
[1] This is a judicial review application dated 13 July 2022 by the Applicant to obtain an order of certiorari to quash the decision of the 1st Respondent vide Form F dated 12 April 2022 ("Said Decision") in according recognition to the 2nd Respondent ("Union").
[2] The Applicant prayed for the following:
"(i) an order of certiorari to quash the entire decision of the 1st Respondent (i.e. the Director General of Industrial Relations, Department of Industrial Relations) which accorded recognition to the 2nd Respondent (i.e. the National Union of Transport Equipment and Allied Industries Workers), by way of Form F dated 12 April 2022 which was attached with a letter dated 15 April 2022;
(ii) a declaration that the secret ballot held on 14 December 2021 and / or the results of the secret ballot held on 14 December 2021
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