JUDGMENT

Faiza Tamby Chik J:

This is an application for the orders of certiorariand mandamusin respect of Industrial Court Award No. 620 of 1999, made in Case No. 7/4-314/1998. The brief facts are as follows: The applicant commenced employment with the 1st respondent (hereinafter referred to as 'the company') as a sales executive, with effect from 17 January 1997. By a letter dated 30 September 1997 the company dismissed the applicant from service. The contents of the letter are as follows:

Due to various verbal warning as well as two (2) written warning you have chose to ignore the Company's regulations. You have even threaten to smear the Company image to the public place. I am afraid that the TN Forklift Holdings Sdn. Bhd. have taken this threat seriously and therefore you have been terminated as a Sales Executive from this establishment from today. You will be paid a month salaryin lieuto your termination. This will be paid to you after all your income tax has been cleared.

You will not be allowed to trade under the TN Forklift Holdings Sdn. Bhd. name or do any transaction under the name. Serious action will be taken against you if these incident occurs.

The above letter was da