Arifin Zakaria JCA:

The Background Facts

The facts in this case are not in dispute. They are briefly as follows. Except for the 1st respondent all the respondents in this case were in the employment of the appellant as rubber tappers. The 1st respondent was a mandore (tapping) also in the employment of the appellant. Ladang Holyrood, the appellant herein, comprised of two divisions namely, the Main Division Estate and the Bukit Rhona Division Estate. The respondents were attached to the Bukit Rhona Division Estate. By a letter dated 18 June 1994 the respondents were told by the appellant that the rubber trees in the said division will be felled for replanting purposes. As a consequent the respondents would be transferred to the Main Division with effect from 1 July 1994. The respondents did not agree to the proposed transfer. Instead they asked the appellant to pay them termination and lay off benefits pursuant to The Employment (Termination and Lay Off Benefits) Regulations 1980.

By letter dated 30 June 1994 the appellant told the respondents to comply with the transfer order failing which the appellant would resort to the various options open to the appellant. This was f