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2022 MarsdenLR 960
INDUSTRIAL COURT KUALA LUMPUR
SUBRAMANIAM T BATUMALAY – Appellant
Versus
ANUAR HONG & ONG – Respondent
Award No: 1175 Of 2022 [Case No: 1/1-2875/21]
Failure to comply with a Court Award under the Industrial Relations Act mandates an order for payment to the claimant.
Headnote:(A) Industrial Relations Act 1967 – Section 56(1) – Non-compliance with Award issued by the Industrial Court – A complaint was lodged regarding the failure of the Respondent to pay the Complainant the sum of RM19,250.00 as ordered by the Court – The Court finds that the Respondent has not complied and issues an order of payment. (Paras 1-3)
Facts of the case:
The complaint is regarding non-compliance with an Award issued by the Industrial Court in favor of the Complainant, who claims no payment has been made by the Respondent.
Findings of Court:
The Court allows the order of compliance and orders the payment of RM19,250.00 to the Complainant.
Issues
: The main issue addresses whether the Respondent complied with the Court's order of payment.
Ratio Decidendi:
The court determined the Respondent's failure to comply warranted an order for payment under the Industrial Relations Act.
Result:
The Court orders payment to be made forthwith.
AWARD
[1] This is a complaint of non-compliance pursuant to Form S filed under s 56(1) of the Industrial Relations Act 1967 & r 24A of the Industrial Rules 1967 on 17 November 2021 in the matter of Industrial Court Case No 21/4-2658/20 (Award No 841 of 2021 [[2021] MELRU 841]) dated 22 April 2021 between Subramaniam a/l T Batumalay and Anuar Hong & Ong.
[2] A complaint is hereby lodged by the Complainant that the provisions of the abovementioned has not been complied with in respect of para 40 where the Court orders the Company to pay the Claimant the sum of RM19,250.00, less statutory deductions, if any, within 30 days from date of this Award.
[3] The Complainant claims that the Respondent has failed to comply with the said Award and that to date the Respondent has not made any payment to the Complainant. The Complainant prays for the compliance of the Award forthwith.
Decision
[4] The order of compliance is hereby allowed. The Court unanimously orders the Respondent to pay the Complainant the sum of RM19,250.00 less any statutory deductions, if any, through the Complainant's representative Malaysian Trades Union Congress (MTUC) forthwith.
