[1] This is a reference dated 12 August 2005 by the Honourable Minister of Human Resources, Malaysia under s. 20(3) of the Industrial Relations Act 1967 , arising out of the dismissal of one Azahari bin Shahrom ('the 1^st claimant') and another by the name of Siva Raj a/l Raja Gopal ('the 2^nd claimant') [and both referred to as 'the claimants' when the context so requires] by Associated Pan Malaysia Cement Sdn. Bhd. ('the company') on 26 February 2004.

Opening Notes

[2] Several mention dates for the management and administration of this file were set down between 13 January 2006 and 10 July 2006. On the latter date this matter was fixed for hearing on 2 & 3 April 2007. The trial commenced and continued before YA Madam Choong Siew Khim, the then chairman of this division, on those dates; and continued for hearing on 1 June 2007 and 11 & 12 October 2007, on which final date it was concluded. Written submissions were filed for and on behalf of the claimants' on 11 April 2008; and for and on behalf of the company on 14 October 2008. A reply for and on behalf of the claimants' was filed on 13 November 2008. It was then pending the handing down of an award.

[3] With effect from 16 February 2