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 matter notified the Minister of Human Resources who then referred the said representations to this Court.

At the outset of the hearing, learned Counsel for the Koperasi raised 2 preliminary objections:

(i) that the claimants have failed to submit their statements of case and that their representations should accordingly be struck out;

(ii) that as the dispute between the Koperasi and the claimants falls within s. 51 of the Co-operative Societies Ordinance, the same ought to be referred to the Registrar of Co-operatives and that this Court accordingly has no jurisdiction to hear the matter.

(i) Non-submission of statements of case

The Court has a discretion under s. 29 of the Industrial Relations Act 1967 to hear and determine any matter before it notwithstanding the failure of any party to submit written statement whether of case or reply to the Court within such time as may be prescribed.

The employer has to show why in fact he dismissed the employee. This is no great burden upon the employer since he will know why he dismissed the employee.

The Court is also mindful of the fact that none of the claimants in this case is represented by Counsel or any officer or employee of a trade union. The drafting of a statement of case without the benefit of legal advice would pose difficulties to the average employee; and certainly the difficulties would be compounded for the claimants in this case who were manual workers.

The Court, in the exercise of its discretion vested by law accordingly directs that the case shall proceed notwithstanding the non-submission of pleadings.

(ii) The issue of jurisdiction

The basis for the second preliminary objection raised by learned Counsel for the company is founded upon s. 51 of the Sabah Co-operative Societies Ordinance 1958 which was in force at the material time, i.e. at the date of the