JUDGMENT

Anand Ponnudurai J:

Introduction

[1] This is an application pursuant to for leave to apply for an order of certiorari to quash Industrial Court Award Nos 1630 of 2022 and 1631 of 2022, both dated 25 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 s 33C of the Industrial Relations Act 1967 (hereinafter referred to as the said "1967 Act") which came into force on 1 January 2021 videIndustrial 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.

[3] The two Respondents were former directors/employees of the 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 June 2020.

[4] Both Respondents then made their respective representations for reinstat