Mohd Ghazali Yusoff JCA:

[1] These two appeals which were heard together stem from the decision of Faiza Tamby Chik, J who allowed the application of John Hancock Life Insurance (Malaysia) Berhad (the applicant and hereinafter referred to as "the company") against the Minister of Human Resources, Malaysia (the 1st respondent and hereinafter referred to as "the Minister"), Ng Kim Hoong (the 2nd respondent and hereinafter referred to as "the claimant") and the Industrial Court (the 3rd respondent and hereinafter referred to as "the Industrial Court") for the following reliefs:

(i) an order of certiorari to quash the decision of the Minister for referring representations made by the claimant under s. 20 of the Industrial Relations Act 1967 ("the Act") to the Industrial Court for adjudication; and

(ii) an order of prohibition to prevent the Industrial Court from hearing the claimant's representations under s. 20 of the Act.

[2] The Minister and the claimant are the respective appellants in these appeals.

The Back Ground

[3] By letter dated 9 April 1997, the company offered the claimant the position of President & Chief Executive Officer (hereinafter referred to as "the aforesa