HIGH COURT MALAYA , KUALA LUMPUR - AZIAH ALI J
JUDICIAL REVIEW NO:R3(1)- 25-367-2009] 25TH OCTOBER 2010
In considering this application, I am mindful of the approach that this Court ought to take and I can no better than to refer to the judgment of Mohd Ghazali Yusoff JCA ( as His Lordship then was) in the case of Mernara Panglobal SDn. Bhd v Arokianathan Sivaprasagam  2 CLJ 501 of JR as follows:
I would think that in dealing with Judicial Review a Judge should have the following principles, inter alia, in the forefront of his mind:
- JR is not an appeal from a decision but a review of the manner in which the decision was made.
- The HC is not entitled on an application for JR to consider whether the decision itself, on the merits of the facts, was fair and reasonable.
- The HC through JR, should not introduce technicalities of the Court of Law to the Industrial Court;this would certainly be so as s.30(5) of the Act imposes a duty upon the Industrial court to have regard to substantial merits of a case rather than to technicalities and it also requires the Industrial Court to decide a case in accordance with equity and good conscience.
- the main and only function of the IC in dealing with a reference under Sect.20 of the Act is to determine whether the misconduct or irregularities complained of by the Management as to the grounds of dismissal were in fact committed by the workman and if so,whether such grounds constitute just cause for the dismissal.
- the Court should not be burdened with the technicalities regarding standard of proof, the rules of evidence and procedure that are applied in the Court of law;