JUDGMENTBY: WAN ADNAN J

This is an application for an order of certiorari to quash the award of the Industrial Court No 116/92 dated 26 May 1992.

The claimant was employed by the company as a mechanic with a monthly salary of RM600. By a letter dated 31 March 1990, the company terminated his service without notice, that is, to take effect immediately. It was the contention of the claimant that the company had violated s 14(1) of the Employment Act 1955 (the Act) in that no enquiry was held before dismissal.

Therefore the dismissal was without just cause or excuse. Section 14(1) of the Act provides as follows:

An employer may, on the grounds of misconduct inconsistent with the

fulfilment of the express or implied conditions of his service, after

due inquiry--

(a) dismiss without notice the employee;

(b) downgrade the employee; or

(c) impose any other lesser punishment as he deems just and fit.

(Emphasis added.)

The learned chairman of the Industrial Court held that the claimant being an employee within the meaning of the Act could only be dismissed after due enquiry. An enquiry is a must before he could be dismissed. The learned c