JUDGMENT

Salleh Abas LP:

This is an appeal from the decision of Harun J issuing an order of certiorari quashing an award made by the Industrial Court. The case, we were told, raises an important question of law as to whether or not the doctrine of constructive dismissal is applicable in the interpretation of s. 20 of our Industrial Relations Act 1967.

Before we go into this question, here are the brief facts of the case: the appellant Wong Chee Hong was an employee of the respondent company. He entered the respondent company's service on 31 December 1968 as a junior executive assistant on a salary scale of RM450 x 25 x 12 yrs = 750 (inclusive of 80% basic and 20% Cola). After a short spell of service in Ipoh, with effect from 1 July 1970 he was promoted to the post of assistant supervisor responsible to one Mr. Chu Chi Wang, the respondent company's manager at its Kuala Lumpur office. In that capacity he was required to act as manager of the respondent company's Odeon theatre at Batu Pahat. Later he was further promoted and became the supervisor of Cinema Operations Central and East Coast States. Again, on 1 July 1980 he was further promoted to be the respondent company's personnel