On 11th November 1986 the four Claimants signed similarly worded letters of resignation together with three other employees. The latter three have not participated in this claim for reinstatement. In respect of the four Claimants, the Union contended that they were -

"dismissed from employment on 12th November 1986 without just cause or excuse and by obtaining signature of the employees concerned through intimidation and duress in prepared letters with selected words to reflect voluntary resignation."

The letter of resignation reads as follows:

Date: November 11, 1986

The Division Manager

Vijay Rajadurai

Harpers Trading (M) Sdn. Bhd.,

Petaling Jaya.

Dear sir,

I . . . . . . . . . . I/C Number . . . . . . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . employed as . . . . . . . . . . . . Butterworth Warehouse at Heap Seong Chan Godown A/B. I admit that I have jointly with other staff stolen from Harpers Trading during my employment with the Company. I am willing to return the cash amount . . . . . . . . . I received in payment for stolen stock. I wish to tender my resignation from 11th November 1986.

Yours faithfully,

( Sgd.)

Koh Ah Heng ....sgd.... (witness)

Lim Teong