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1997 MarsdenLR 1286

INDUSTRIAL COURT KUALA LUMPUR
FIAMMA SDN BHD – Appellant
Versus
LIM SENG HUAT – Respondent


AWARD

Sabarudin Othman:

This is a complaint under s. 56(1) of the Industrial Relations Act 1967 lodged on behalf of Lim Seng Huat ('the claimant') against Fiamma Sdn. Bhd. ('the company') for the latter's failure to comply with Award No. 270 of 1993 ('the award') handed down on 20 August 1993.

The orders in the award are as follows:

(a) backwages: RM81,650;

(b) compensation: RM7,100;

(c) annual bonus: RM3,000, and

The above payment should be paid by the company to the claimant within one month from date of this order subject to income tax clearance and EPF or other contributions, if any.

The case had been fixed for several times for hearing and mention but could not be heard as the company had taken the matter to the High Court.

Finally, it came up for mention this morning (9 February 1998). Present before the Court was Mr. Eric Anthony, counsel for the claimant and he was also mentioning on behalf of the solicitors for the company. Mr. Eric Anthony informed the Court that he wished to withdraw the complaint lodged by the claimant. However, he further stated that the company had not paid the EPF contribution yet but had said that it would do so. The learned counsel therefore asked that th

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