THIS IS a reference made under subsection 20(3) of the Industrial Relation Act 1967 arising out of the dismissal of ENCIK THEYAGARAJAN A/L M KARUPPIAH (hereinafter referred to as "Claimant") by CONSOLIDATED PLANTATION BERHAD (hereinafter referred to as the "Company") on the 14th September 2001.

AWARD

THIS REFERENCE was fixed for hearing this morning on 12th May 2008 until 14th May 2008. Mr. S. Shanker from Messrs. S. Shanker & Associates appearing for the Claimant and Miss Juanita Chua from Messrs. Shearn Delamore & Co appearing for the Company. Both the learned counsels informed the Court that the parties have mutually resolved their dispute by consent on the following terms:

a) The Company agrees to pay the Claimant an ex-gratia payment in the amount of sixteen (16) months of the Claimant's last drawn salary with the Company which was RM4,200.00. The amount in total would be RM67,200.00;

b) Payment in respect of the aforesaid sum will be made out in favour of Messrs. S. Shanker & Associates together with the relevant CP22A From wherein Messrs. S. Shanker & Associates undertakes not to release the said sum or any part thereof until the Claimant has first obtained the necessary clearance from the Inland Revenue Department;

c) The aforesaid settlement is reached without admission of liability by either party;

d) The Claimant acknowledges and declares that in consequence of the above payment, he has no further claims of whatsoever nature, whether within his contemplation or otherwise, against the Company for compensation, damages or costs arising out of his employment with the Company and cessation thereof.

UPON CONFIRMATION of the said terms by both parties, the Court accordingly handed down an award upon the terms as agreed to by consent indicated above