Gunn Chit Tuan J (High Court Judgment)

This originating motion was an application by J & P Coats (M) Bhd. (hereinafter referred to as "the company") for an order of certiorari to remove into the High Court to quash Industrial Court Award No. 66/79 ordering the company to pay one Mr. Goon Kwee Phoy (hereinafter referred to as "the workman"):-

(a) as compensation in lieu of reinstatement the total remuneration he would have earned from his salary from January 1978 to May 31, 1979.

(b) any bonus, allowances or benefits due under the Company's Pension Scheme or otherwise from January 1978 to May 31, 1979.

(c) as compensation for loss of future earnings, the total remuneration based on his last drawn salary calculated from June 1, 1979 to April 22, 1980.

The grounds on which relief was sought by the company are contained in a statement filed pursuant to Order 59 rule 3(2) of the Rules of the Supreme Court England 1883. Briefly the complaint of the company was that the Industrial Court had erred in law and had acted in excess of its jurisdiction or without jurisdiction:-

(i) in misdirecting itself on the meaning and effect in law of the term "redundancy";

(ii) in failing to distinguish t

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