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2024 MarsdenLR 668

INDUSTRIAL COURT KUALA LUMPUR
GUNNA SHANMUGAM – Appellant
Versus
MALAYSIAN MILK SENDIRIAN BERHAD – Respondent


Petitioner Advocates:K Gunaseelan ,Respondent Advocate: Vijayan Venugopal

AWARD

Selva Rani Thiyagarajan:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of GUNNA A/L SHANMUGAM (hereinafter referred to as "the Claimant") by MALAYSIAN MILK SENDIRIAN BERHAD (hereinafter referred to as the Company") on 13 July 2022.

I) Procedural History

[2] The Reference, in this case, required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 9 November 2021.

[3] The matter was fixed for mention on 15 August 2022, 13 March 2023, 5 April 2023, and 11 August 2023.

[4] The case was fixed for hearing on 11 January 2024 and 9 February 2024.

[5] The matter was called for clarification and oral submission on 7 February 2024.

II) Cause Papers, Bundle Of Documents, Witness Statements, And Submission

[6] This Court takes cognizance of the notes of proceedings and the following pleadings, evidence, documents, and submission while handing down this Award:

i. Statement of Case dated 25 May 2023;

ii. Statement in Reply dated 11 September 2023;

iii. Rejoinder dated 7 December 2023;

iv. Claimant's Bundle of Documents ("CLB-1")

v. Claimant's Bundle of Documents ("CLB-2")

vi. Company's


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