Anand Ponnudurai J:

JUDGMENT

Introduction

[1]This is an application pursuant to Order 53 of the Rules of Court 2012^th July 2022.

[2]At the first case management date, an issue arose as to whether the Applicant had correctly utilized judicial review proceedings or ought to have filed an appeal under Section 33C Industrial Relations Act 1967 “1967 Act”) which came into force on 1^st January 2021 vide Industrial Relations (Amendment) Act 2020 Act A1615. In this regard, learned Senior Federal Counsel contended that the Applicant ought to have filed an appeal and not proceed via a judicial review application.

Background Facts

[3]The two Respondents were former directors/employees of the Applicant company who were paid monthly salaries. Due to the Applicant’s continuing losses, the two Respondents had taken a pay cut since 2018. However, their salaries were then not paid at all in the months of April and May 2020 which led them to consider themselves as having been constructively dismissed with effect from 8^th June 2020.

[4]Both Respondents then made their respective representations for reinstatement pursuant to section 201967 Act

[5]From paragraph 1 of the said awards, the Learned Chairman o