Mokhtar Sidin JCA:

[1] This is an application by the respondent for the following orders:

(1) that the extracted Order of the Court of Appeal dated 26.2.97 be amended by deleting the words "... DAN SELANJUTNYA DIPERINTAHKAN bahawa taksiran gantirugi oleh Timbalan Pendaftar pada 24.10.94 diketepikan ..." contained therein;

(2) costs of this application be paid by the Appellant;

(3) such further and/or other relief that this Honourable Court deems fit to grant.

[2] In the affidavit-in-support of the application the respondent stated that on 14 May 1987 he filed a writ against the appellant. The respondent then filed an application for O. 14 summary judgment under the Rules of the High Court 1980 for the following prayers:

(1) for a declaration that the decision of the Appellant's Disciplinary Board in terminating my services by letter dated 7.5.1987 was ultra vires the Penang Port Commission Act and therefore null and void and invalid; (Prayer 1)

(2) for a declaration that I having obtained a pass at the Bahasa Malaysia subject at the Sijil Pelajaran Malaysia examination 1976 has satisfied the Appellant's condition stipulated in their letter dated 26th July, 1975 to be confi