AWARD

Background

The parties to this reference are Balasingam Arumugam ("the claimant") and PIH Marco Shoe Manufacturing Sdn Bhd (formerly known as Marco Shoe Sdn Bhd) ("the 1st company"), Perdana Industri Holdings Bhd (Joined as a party by Order of Court on 26 August 1998) ("the 2nd company") and Wah Seong Corporation Bhd (Joined as a party by Order of Court on 10 October 2002) ("the 3rd company"). The dispute concerns the dismissal of the claimant from the services of the 1st company as its adviser. Claimant alleged that his dismissal is without just cause or excuse.

Vide Industrial Court PIH Marco Shoe Manufacturing Sdn Bhd & Anor v. Balasingam Arumugam[2002] 3 MELR 152; [2002] 3 ILR 570 dated 10 October 2002, this division of the Court had, inter alia , ordered that Wah Seong Corporation Bhd (now referred to as "the 3rd company") be joined as a party pursuant to s. 29 (a) of the Industrial Relations Act, 1967 ("the Act").

One BG Lau, group company secretary of the 3rd company appeared in Court for mention on 26 November 2002 pursuant to the Court's issuance of Form L and requested time to engage a solicitor as the 3rd company was objecting to the joinder.

For the purpose of the hear