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1996 MarsdenLR 1349

INDUSTRIAL COURT, KUALA LUMPUR
KOPERASI SERBAGUNA KERETAPI BHD. V.KARUNANITHI ARUMUGAM


[23 DECEMBER 1996]

This a reference by the honourable Minister under s. 20(3) of the Industrial Relations Act 1967 for the determination of the Court if there has been a case of wrongful dismissal of the claimant by the company, and if so, whether the dismissal was with or without just cause or excuse, and in breach of the rules of natural justice.

When the matter came up for mention before the Court on 2 September 1996 both learned Counsels of the claimant and the company were present in Court.

The learned Counsel of the company informed the Court that there was another matter concerning a separate claimant vide Case No: 388/96 pending against the company involving similar transactions or arising in the course of same transactions on the issue of dismissal, and intimated to the Court that he will be making an application for consolidation or a joinder of trial of both cases, in order to avoid duplicity of proceedings. Counsel of the claimant however intimated that he will be objecting to the application for such joinder.

On 20 December 1996 when the matter came up for hearing on the preliminary issue of whether there should or should not be consolidation or a joinder of trial, without

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