Harun Hashim SCJ:

On 6 October 1986 Uvarajah a/l Kanasevan @ Kanagasabai and 40 other employees of Palmex Industries Sdn. Bhd. filed a complaint with the Labour Office at Butterworth that they had not been paid wages for overtime work from 1 January 1980 to 30 June 1986 amounting to RM86,154.85: Labour Case KB 219/86.

On 12 December 1987 Raja Azman bin Raja Mohd. and 41 other employees of Palmco Oil Mill Sdn. Bhd. filed a complaint with the Labour Office at Butterworth that they had not been paid wages for overtime work from 1 January 1980 to 30 June 1986 amounting to RM108,838.65: Labour Case KB 222/87.

A Senior Labour Officer proceeded to conduct the inquiry under s 69 of the Employment Act, 1955 in Case KB 219/86 on 27 November 1986 and in case KB 222/87 on 28 April 1988. With the consent of the parties, the two cases were consolidated and heard together on 14 June 1988. By 21 February 1989 the Senior Labour Officer had heard all the evidence and part of the submissions of Counsel. He adjourned it for continuation on 5 October 1989. By letter dated 21 August 1989 addressed to the solicitors of both parties, the Senior Labour Officer said he was cancelling the hearing of bot