2009 MarsdenLR 3128

INDUSTRIAL COURT, KUALA LUMPUR
GULAB JAN FAZAL ELADI – Appellant
Versus
KOPERASI JIMAT CERMAT & PINJAMAN MERCANTILE BERHAD – Respondent
Award No. 1443 Of 2009 [Case No: 19/1- 467/09]

The court upheld the principle that a formal withdrawal of a complaint is validly executed, leading to the matter being struck off when both parties are absent.

Headnote:(A) Act - Section 56(1) - Enforcement of award - The Respondent was ordered to pay the Complainant RM100,380.00 as per the Award issued. On 11th December 2009, both parties were absent; the Complainant's Counsel requested withdrawal of the case, leading to the matter being struck off. (Para 1)

(B) Withdrawal of complaint - The proper procedure for withdrawing a complaint must be observed, and in this case, the absence of both parties rendered the proceedings effectively closed. (Para 1)

Facts of the case:
The Complainant filed a complaint under section 56(1) regarding non-compliance with an awarded payment of RM100,380.00 by the Respondent. Both parties were absent during the mention date, and the Complainant expressed a desire to withdraw the matter.

Findings of Court:
The court recognized the request for withdrawal and acted accordingly by striking off the matter.

Issues: The issues revolved around the Respondent's compliance with the Award and the procedure for withdrawal of the complaint.

Ratio Decidendi: The court affirmed that the absence of parties and a formal withdrawal request necessitated the striking off of the matter, aligning with procedural correctness.

Result: Matter struck off.