ASNAH AHMAD vs MAHKAMAH PERUSAHAAN MALAYSIA & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1001

COURT OF APPEAL PUTRAJAYA
ASNAH AHMAD – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ORS – Respondent

Table of Content
1. jurisdictions surrounding joinder powers under the industrial relations act. (Para 2 , 3)
2. summary of factual background related to the case. (Para 5 , 6 , 7)
3. critical issues pertaining to the necessity of joinder for effective adjudication. (Para 8 , 9)
4. court's views on narrow interpretations of joinder provisions. (Para 11 , 12)

Hamid Sultan Abu Backer JCA:

[1] The appellant's appeal is against the decision of the learned High Court Judge who refused to quash the decision of the Industrial Court, which refused to allow the appellant to join the 3^rd to 5^th respondents in respect of a non-compliance proceeding related to an award obtained against the 2^nd respondent. We heard the appeal on 28 January 2015 and reserved judgment. My learned brothers Mohd Zawawi Salleh JCA and Idrus Harun JCA have read the judgment and approved the same. This is our judgment.

Preliminary

Jurisprudence Relating To Joinder Of Parties

[2] This judgment deals with the jurisprudence relating to joinder of parties in Industrial Court. The relevant sections which need to be considered under the Industrial Relations Act 1967 ( IRA 1967) are ss 29(a), (b), 32(1)(a) and 56(1), (2)(a)(i).

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2015 MarsdenLR 1001

COURT OF APPEAL PUTRAJAYAASNAH AHMAD – AppellantVersusMAHKAMAH PERUSAHAAN MALAYSIA & ORS – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
ASNAH AHMAD – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ORS – Respondent