This is a complaint under s 56(1) of the Industrial Relations Act 1967 by one Selvaratnam a/l Thambiah ('the claimant') of non-compliance of "the order for payment of backwages and compensation in lieu of reinstatement" (see Form S) in Award No. 39/93 ('the award') by Kenneison Brothers Sdn. Bhd. ('the company').

The award held that the claimant had been dismissed by the company without just cause or excuse and ordered the company to pay the claimant as follows:

l. Backwages from 31st. October 1990 to 23rd November 1992 subject to a maximum of 24 months

RM1,580 x 24 = RM37,920.00

2. Compensation in lieu of reinstatement from lst May 1975 to 23rd November 1992 on one month salary for each year of completed service.

RM1,580 x 17 = RM26,860.00

The company shall pay the above sums to the claimant through his solicitors within one month from the date of this award subject to income tax deductions and EPF contributions, if any.

As the award and the complaint of non-compliance were made in 1993 a brief background is necessary.

On 1 April 1993 the claimant filed Form S in this court stating that the company had not complied with the order for payment of backwages and compensation in lieu of reins