GOPAL SRI RAM, TENGKU BAHARUDIN SHAH, SULAIMAN DAUD
HONG LEONG BANK BHD – Appellant
Versus
PHUNG TZE THIAM – Respondent
Gopal Sri Ram JCA:
[1] This is a motion for leave by the appellant to commit the respondent for contempt of this court said to arise from the latter's failure or refusal to comply with an order of this court. We dismissed the motion and now give our reasons.
[2] The relevant facts are simple enough. The appellant bank was the respondent's employer. It dismissed him. The respondent made complaint that his dismissal was without just cause or excuse. His case was referred to the Industrial Court which found for the respondent but awarded compensation in lieu of reinstatement. The appellant applied for judicial review of the award. It wanted the award quashed. The respondent also applied to have the award reviewed on the ground that he ought to have been reinstated. The High Court dismissed the appellant's application, granted the relief sought by the respondent and directed reinstatement. The appellant appealed to this court. In the meantime the respondent wrote asking for all back wages that he claimed he was entitled to receive pursuant to the order of reinstatement. The appellant disputed this claim. The respondent then successfully moved the High Court to obtain the back
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