BUMIPUTRA COMMERCE BANK BHD vs MAHKAMAH PERUSAHAAN MALAYSIA & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 MarsdenLR 1197

HIGH COURT MALAYA KUALA LUMPUR
BUMIPUTRA COMMERCE BANK BHD – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent

JUDGMENT

Raus Sharif J:

This is an application by BumiputraCommerce Bank Berhad (the applicant) for an order of certiorari to quash the Industrial Court Award No 690 dated 20 December 1999. In the said award, the Industrial Court found that the second respondent had been dismissed without just cause or excuse. Consequently, the Industrial Court ordered back wages and compensation in lieu of reinstatement as follows:

(i) the second respondent to be paid back wages from the date of dismissal (27 December 1995) to the final date of hearing (10 June 1999) subject to the maximum of 24 months, that is, RM2,600 x 24 = RM62,400;

(ii) the second respondent shall be paid in lieu of reinstatement one month's salary for every year of completed service from the date of joining (1 June 1989) to the final date of hearing (10 June 1999), that is, RM2,600 x 18 = RM46,800.

Briefly, the factual background that led to this application by the applicant are as follows.

The second respondent joined the services of the applicant's bank on 1 June 1981 beginning as a clerk. He was then promoted to the position of officer in Grade II effective 1 June 1990. On 3 June 1993 he was then again promoted to the position

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2004 MarsdenLR 1197

HIGH COURT MALAYA KUALA LUMPURBUMIPUTRA COMMERCE BANK BHD – AppellantVersusMAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent

HIGH COURT MALAYA KUALA LUMPUR
BUMIPUTRA COMMERCE BANK BHD – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent