Abdul Kadir Sulaiman JCA:-

[1]This is an appeal against the decision of the learned judge of 15 October 1999 affirming the decision of the Penolong Pengarah Buruh Kanan, Segamat ("the Pengarah"), allowing the claim of the respondents for termination benefits under the Employment (Termination and Lay-Off Benefits) Regulations 1980 ("the 1980 Regulations"). The Pengarah made an order for the appellant to pay the respondents RM114,001.42 as such benefits because the appellant could not withdraw unilaterally its notice to terminate the services of the respondents. We heard the arguments on 6 April 2004 and reserved our decision on the appeal. We now provide our decision.

[2]The first respondent was a mandore and the rest were rubber tappers employed by the Claire Estate owned by the appellant. The appellant by a letter dated 31 October 1995 gave them 8 weeks termination notice to take effect from 1 January 1996. The reason given was that their positions on the estate would be redundant as a result of the felling of old rubber trees in the estate. They were told that their employment with the estate would cease on 1 January 1996 when appropriate termination benefits and any oth