This is a Complaint lodged by Puan Yew Fun Har (hereinafter referred to as "the Complainant") against Springer Asia Limited (dahulu dikenali sebagai Springer China Limited) (hereinafter referred to as "the Respondent") under section 56 of the Industrial Relations Act 1967 for the non-compliance by the Respondent of the Award No. 1698 of 2008 dated 26th September 2008 handed down by Industrial Court No. 4 (hereinafter referred to as "the Award").

Vide the Award No. 1698 of 2008 handed down by the Industrial Court in Case No. 4/4-1962/07 between the Complainant and Springer China Limited which is now known as Springer Asia Limited through the change of its name as per Malaysian Industrial Development Authority's (MIDA's) letter dated 11.2.2009 which is Exhibit "YFH-1" annexed to the Complainant's affidavit affirmed on 27.2.2009 and filed herein this Court on 2.3.2009, the Respondent was ordered by the earlier Industrial Court to pay the Complainant the sum of RM48,180.00 within 30 days from the date of the service of the aforesaid Award handed down on 26.9.2008. From the Complainant's said affidavit filed herein this Court, this Court is satisfied that the said sum of award has not been paid by the Respondent in compliance with the Award.

Since the Respondent elected not to be present in Court during hearing of this Complaint on 10.3.2009 although the Notice of Hearing vide Form G dated 31.12.2008 had been duly served by AR Registered Post on the Respondent and duly acknowledged receipt by the Respondent, this Court finds no reason to adjourn this matter further but to proceed to hear this Complaint pursuant to section 29(d) of the Industrial Relations Act 1967. In addition, no affidavit or statement in reply was filed by the Respondent. In fact, Respondent has not been appearing in Court ever since this Complaint was first mentioned in this Court. In the circumstances, this Court must necessarily conclude that Respondent is not interested to defend or to contest this Complaint. In the absence of any facts or evidence from the Respondent, this Court finds in equity, good conscience and substantial merit of this case that the Respondent has failed to comply with the aforesaid Award and there is no ground or any special circumstances for not doing so.

This Court therefore awards that the Respondent is ordered to comply with Award No. 1698 of 2008 within 14 days from the date of this Award hereunder.