JUDGMENT

KC Vohrah J:

This application is for a certiorarito quash Award No. 307 of 1998 of the Industrial Court. The Industrial Court re-instated the respondent (the claimant) as Assistant Factory Manager in the applicant company (the company) in Tapah on the ground that he had been unjustly dismissed.

The claimant had had his last position in the company as Personal Assistant to the Managing Director in Kuala Lumpur, a position to which he had been seconded from that of Assistant Factory Manager in Tapah. He was retrenched on the ground that the job of Personal Assistant to the Managing Director and certain other jobs had been found to be redundant. The claimant's case was that he should have been reverted to his former position as Assistant Factory Manager which had not been shown to be redundant. The Industrial Court agreed with the company that the position of Personal Assistant to Manager was redundant but went on to hold that it was not shown that the position of Assistant Factory Manager was so and ordered the re-instatement of the claimant as Assistant Factory Manager.

The company has argued that the Industrial Court's award was based on conclusions which were inconsistent