6 Nov 2023
Dr Thomas Samuel 1. ) Pertubuhan Keselamatan Sosial (PERKESO) 2. ) LEMBAGA PERTUBUHAN KESELAMATAN SOSIAL
- Citation
- W-01(A)-681-11/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-681-11/2021 (Mahkamah Rayuan)
The Court allowed the appeal: R.1 and R.2 are public bodies performing statutory functions and judicial review was the correct mode; the transfer of the appellant to the Melaka Centre (a private company) was ultra vires Act 4 and contrary to clause 4(iii) of the Letter of Appointment because the Melaka Centre was not an 'office' within the SOCSO statutory structure; R.2 unlawfully abdicated its statutory duty by deferring to R.1; the High Court's dismissal was set aside and certiorari and mandamus reliefs in terms of prayers (a)-(c) granted.