Mokhtar Sidin JCA:

The appellants in the present appeal were employed by the respondent in different capacities and belonged to a category of workers called "High Tech" employees. They were beneficiaries under a collective agreement first signed in 1996 by the respondent and KPPEPMI (the inhouse union of the employees). The appellants were members of the union which the Industrial Court had taken cognizance under that collective agreement and subsequent collective agreements. The respondent undertook several contract works with the Malaysian company known as Petroliam National Berhad (hereinafter referred to as "Petronas") outside the territorial seas of Malaysia in particular adjacent to the State of Terengganu. On 19 February 1995, the appellants filed their claims against the respondent with the Labour Department, Dungun claiming the following:

(a) Kerja pada hari cuti rehat mingguan RM 5,017,246.50

(b) Cuti tahunan 171,434.08

(c) Gaji kerja lebih masa 6,977,883.18

(d) Perbezaan gaji kerja lebih masa 965,057.47

Jumlah RM13,131,571.23

The appellants first lodged their claims with the Labour Department, Dungun on 6 February 1995. Apparently, this was not acted upon immedi