JUDGMENTBY: MOHAMED AZMI SCJ

(delivering the Judgment of the Court): By Notice of Motion dated December 24, 1982, the appellant company (hereinafter referred to as "Enesty") applied firstly for an Order of Certiorari to remove into the High Court at Kuala Lumpur for the purpose of it being quashed Industrial Court Award No. 180/82 handed down on September 23, 1982 under which Enesty was ordered to pay the sum of $ 298,761.07 as compensation for dismissing without just cause or excuse 38 workmen who are members of the Transport Workers Union -- the first respondent; and secondly for an Order of Mandamus in respect of Award No. 209/82 requiring the Industrial Court to refer to the High Court under section 33A Industrial Relations Act, 1967 five questions of law arising out of Award No. 180/82. The Motion was dismissed by the High Court on July 20, 1984, and hence the present appeal, but before us the argument is confined only to the first Award No. 180/82.

The facts of the case may be summarised as follows. Enesty was a party to a contract with the New Straits Times Press (NSTP in short) under which Enesty was to provide lorries and drivers for delivery of newspaper published by