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2023 MarsdenLR 107

HIGH COURT MALAYA PENANG
VALEO MALAYSIA SDN BHD – Appellant
Versus
KETUA PENGARAH PERHUBUNGAN PERUSAHAAN JABATAN PERHUBUNGAN PERUSAHAAN & AN.... – Respondent


Petitioner Advocates:J Shamesh,Kumarappan Ramasamy ,Respondent Advocate: Nurul Khairiah Dahalaan

Quay Chew Soon J:

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 is defective, invalid and void;

(iii) a declaration that the Union does not have the support of the majority of the Applicant's employees and the claim for recognition of the Union through Form A dated 12 March 2021 is mala fide, without merit and void; and

(iv) an order that all further proceedings to enforce and / or execute the Said Decision o

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