Hashim Yeop A Sani J

This is an application for an Order of Certiorari to quash an Industrial Court Award — Award No. 178/79 handed down on December 22, 1979. There were many grounds set out in the Statement filed by the applicant but during the hearing of the application only three main grounds were argued. The three grounds which form the subject of this judgment can be briefly restated as follows:—

(1) The Industrial Court exceeded its jurisdiction in holding that the first respondent was a "workman" within the meaning of the Industrial Relations Act, 1967;

(2) The Industrial Court exceeded its jurisdiction by holding that the first respondent was dismissed without just cause or excuse thereby failing to recognise the right of the applicant as employer under the contract to terminate the service of the first respondent; and

(3) The Industrial Court exceeded its jurisdiction in awarding a huge sum of $522,000 purporting to be compensation in lieu of reinstatement in a matter referred to it under section 20 of the Industrial Relations Act, 1967.

Some brief background is necessary. D an Indian citizen was engaged by the applicant as a radiologist in the hospital. D was first eng