JUDGMENT

Nik Hashim J:

The applicant applies for an order of certiorariunder O. 53 of the Rules of the High Court 1980 to quash the Industrial Court Award No. 609 of 1996 which held that the respondents were workmen and were dismissed by the applicant without just cause or excuse.

The respondents joined the service of the applicant in the capacity of timber lorry drivers and were paid according to the number of trips and the tonnage of the load carried. It is not disputed that the respondents did not enjoy fixed incomes. The respondents contends that they received fixed allowances of RM50 per month, irrespective of whether they worked or not, but the applicant contends such allowances were only payable if the respondents worked for one complete month.

The respondents did not have written contracts and one of the major areas of dispute was whether the respondents were engaged under contract of service (as employees) or under contract for services (as independent contractors).

The facts which were not in dispute are as follows:

(1) no contributions were made to EPF or SOCSO in respect of the compensation received by the respondents;

(2) the respondents were not entitled to annua