ASSOCIATED PAN MALAYSIA CEMENT SDN. BHD. v 1. ) KETUA PENGARAH PERHUBUNGAN PERUSAHAAN MALAYSIA 2. ) KESATUAN PEKERJA-PEKERJA PERUSAHAAN SIMEN SEMENANJUNG MALAYSIA

aa-25-24-07-2022 High Court (Mahkamah Tinggi) 23 February 2026 • AA-25-24-07/2022

Catchwords

Application for Judicial Review by Applicant – seeking an order of certiorari to quash the decision of the Director General of Industrial Relations (DGIR) – pursuant to section 9(ID) of the Industrial Relations Act 1967 – an order of mandamus – to determine that the positions of Assistant Executive Maintenance, Assistant Executive Procurement, Assistant Executive Production, Assistant Executive Quality Control and Assistant Executive Quarry fall within the excluded categories of managerial, executive, confidential and security capacity – s. 9(1A), (1B) and (1D) of the IRA 1967 – statutory mechanism for resolving disputes – no procedural unfairness in the manner the investigation was conducted – restructuring exercise took place – failure to demonstrate illegality, irrationality or procedural impropriety

Judges (1)

Norsharidah binti Awang Delivered

Parties (3)

ASSOCIATED PAN MALAYSIA CEMENT Sdn Bhd Applicant KETUA PENGARAH PERHUBUNGAN PERUSAHAAN MALAYSIA Respondent Kesatuan Pekerja-pekerja Perusahaan Simen Semenanjung Malaysia Respondent

Judgment

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Source: eJudgment (aa-25-24-07-2022)