Abu Mansor Ali J:

In the notice of motion Encl. (13) the applicant prays for orders as follows:

1. An order of certiorari to remove into this honourable Court for the purpose of it being quashed the order of non-reference of the dismissal of the applicant to the Industrial Court made by the first respondent on the 13 November 1990 and for an order of mandamus for the purpose of ordering the first respondent to refer the dismissal of the applicant to the Industrial Court for an award on the grounds set out in the copy of statement served herewith used on the application for leave to apply for an order of certiorari and an order of mandamus. And that the costs of and incidental to this application may be paid by the respondents.

2. That on the hearing of this motion the applicants will use the affidavit of Encik Liew Fook Chuan affirmed on 21 December 1990 and the exhibits therein referred to.

3. That the honourable Mr. Justice Yang Arif Dato' Haji Eusoff b Chin by order dated 16 January 1992 directed that all proceedings be stayed pending the determination of this motion.

The application of the applicant is supported by his affidavit in p. 20 P1 where he states:

I commenced employment with the Hong Leong Group in Malaysia on 1 July 1977 as the General Manager of Malaysia United Paper Product which is a subsidiary of the Hong Leong Group. In 1979 I was transferred as the General Manager of Hong Leong Yamaha Motors and Hong Leong Yamaha Distributors. Subsequently I was appointed Director/General Manager of Hong Leong Yamaha Distributor Sdn. Bhd. In 1987 I was made General Manager of Hong Leong Equipment Sdn. Bhd.

In para. 3 he said during his career with the Hong Leong Group he had turned around subsidiary companies which were a losing concern into profitable ventures. When he was the general manager of Hong Leong Yamaha Motors and Hong Leong Yamaha Distributors, not only was he instrumental in securing the Yamaha franchise for the Hong Leong Group but he also built the business that within four years of its commencement Yamaha had captured 43% of the market share and had become the number one seller in Malaysia for the first time. This won, according to him, the appreciation of the president of the Yamaha Motor Company Limited of Japan and he enclosed herewith a copy of the letter of appreciation dated 31 January 1987 from the President of the Yamaha Motor Company Limited which is marked as Exh. LFC1.

In para. 4 of his affidavit, he stated in addition to this in recognition of his distinguished management abilities, he was awarded twice the Hong Leong Group chairman's award for management excellence for the fiscal year 1980/81 and 1984/85. This is the most sought after award in the Hong Leong Group as it carries a cash prize of RM100,000 each. In his case on both occasions the cash money awarded to him was RM100,000 each. He enclosed herewith a copy of the chairman's award letter from the chairman of Hong Leong Group dated 9 November 1985 which is exhibited as LFC2.

But, on 22 February 1990, inspite of the glowing tribute paid to the applicant by the respondent employer, he was charged as per Exh. LFC9 and on that charge he was subsequently found guilty and he was dismissed. The charge read as follows:

(i) That in the transaction for the sale and purchase of the land held under State Lease 4249 Lot No. 27, section 20, Petaling Jaya ("the Land") between Kee Huat Radio ("the Vendor") and Hong Leong Industries Berhad ("the Purchaser"), you had entered into negotiations with Mr. Teo Chiang Kok, the agent ("the Agent") of the registered owner of the Land, without informing your superior(s) of your brother's interest as broker for the transaction and obtaining their prior approval for your undertaking and continuation of your negotiation, notwithstanding your brother's said interest. In so doing you had put yourself in a position where your personal interest would or might conflict with the interest would or might co