The parties in these proceedings are Koperasi Pekerja-pekerja Stevedoring Pelabuhan Bhd. (hereinafter referred to as "the company") and Encik Ebnusama bin Ali, Encik Samian bin Udang @ Samion, Encik Halim bin Daud, Encik Japar bin Karim, Encik Salim bin Talip @ Pudong, Encik Paimin bin Paidi, Encik Jumaat bin Johali, Encik Djafridin bin Deramab, Encik Umar bin Saibar, Encik Dahlan bin Yukan, Encik Hassan bin Biddin and Encik Yaini bin Dullah (hereinafter referred to as "the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th and 12th claimants" respectively). The case of the 8th claimant who had passed away prior to the commencement of the hearing of this case was struck out by this Court on 26 November 1995.

The Koperasi is a co-operative society registered under the Sabah Co-operative Societies Ordinance 1958. The claimants were employed as stevedores by the Koperasi. The Koperasi terminated their services on 25 July 1992. The claimants claiming that they had been dismissed without just cause or excuse lodged representations with the Director General of Industrial Relations to be reinstated to their former employment. The Director General having failed to resolve the matt