JUDGMENT

Abdul Kadir Sulaiman J:

The applicant, a doctor/consultant considered that he had been dismissed without just cause or excuse by the first respondent. Accordingly, he made representations to the Director-General of the Industrial Relations under s. 20(1) of the Industrial Relations Act 1967 (hereinafter referred to as 'the Act' . As there was no likelihood that the representations being settled, the Director-

General notified the Minister accordingly. Having considered the matter, the Minister acting under s. 20(3) thereof referred the representations to the second respondent. Upon the reference the second respondent handed down Award No. 526 of 1995 dismissing the claim of the applicant on the ground that he had resigned from the company on his own accord.

Being aggrieved with the said award, the applicant on 2 April 1996 filed a motion for leave to apply for an order of certiorari to quash the said award and for an order of mandamus to have the reference on his representations heard by another division of the Industrial Court. Leave to apply for such orders was granted by this court on 19 March 1996. On the hearing of the substantive motion, both parties agreed that th