Background of these 2 cases

Both Cases No. 5/4-1544/05;, [2006] 3 ILR 1916, [2006] 4 ILR 2914 and No. 6/4-1694/05 were initially referred to the Industrial Court and scheduled to be heard in Court No. 5 and Court No. 6 respectively. The Claimant in Cases No. 5/4-1544/05;, [2006] 3 ILR 1916, [2006] 4 ILR 2914 is Amran Ramakrishnan bin Abdullah (hereinafter referred to as 'the 1st Claimant') and the Claimant in Case No. 6/4-1694/05 is Murugan a/l Suppiah (hereinafter referred to as 'the 2nd Claimant'). Pursuant to an Award of this Court videAward No. 1449 of 2006 handed down on 15.8.2006, Case No. 6/4-1694/05 was ordered to be consolidated with Cases No. 5/4-1544/05;, [2006] 3 ILR 1916, [2006] 4 ILR 2914 and that both cases were ordered to be heard jointly in this Court ie, Court No. 5.

Prior to the consolidation of both Cases No. 5/4-1544/05;, [2006] 3 ILR 1916, [2006] 4 ILR 2914 and No. 6/4-1694/05, videAward No. 1100 of 2006, handed down by this Court on 21.6.2006 upon a Notice of Application filed by the 1st Claimant, this Court has allowed the 1st Claimant's Application to join the Official Receiver/ Liquidator and Gim Capital Sdn. Bhd. as parties to this proceeding. Hence, the Official Receiver/Liquidator and Gim Capital Sdn. Bhd. became the 2nd and 3rd Respondents accordingly while both the Claimants' employer, CS Metal Industries (M) Sdn. Bhd. which had been wound up by an order of the High Court at Kuala Lumpur on 13.1.2005, remained as the 1st Respondent.

After Award No. 1449 of 2006 was handed down, the 2nd Respondent as Liquidator had filed a Notice of Application to disjoin himself in this proceeding but this Application after being heard was dismissed by this Court videAward No. 2017 of 2006 handed down on 1.11.2006.

Therefore, this Award herein is in relation to the 1st and 2nd Claimants and the three Respondents above-named.

When both these cases were heard before this Court, only the 3rd Respondent was represented while the 1st and 2nd Respondent did not appear nor were they represented.

Facts of the Case

The 1st Claimant commenced employment with the 1st Respondent as a Specialist 2 (Assistant Manager) effective from 20.11.2000 and was confirmed in his employment after his 6 months probation.

The 2nd Claimant commenced employment with the 1st Respondent as a Factory Maintenance Executive (E2) with effect from 7.8.2000 and was similarly confirmed after his probation of 6 months.

On 6.2.2003, the Claimants had received an unsigned document purportedly to be from the CEO of the 1st Respondent stating that with effect from 10.2.2003, both the Claimants were to take up a new assignment of factory maintenance at a semiconductor company named CS Opto Semiconductor in Taiping and that they were to report for duty to one KK Lim in Taiping on 26.2.2003. As a consequence of this, 1st Claimant had written to the 1st Respondent to seek various clarifications for himself and purportedly for 2nd Claimant as well. On 18.2.2003, both the Claimants received a letter dated 6.2.2003 and signed by the General Manager of the 1st Respondent stating that the 1st Claimant was seconded to Staridge Technologies Sdn. Bhd. (CS Opto Semiconductor) and the 2nd Claimant was being seconded to the same company for an indefinite time. The 1st Claimant had ultimately declined to go on secondment to Taiping resulting in the 1st Respondent issuing him a show cause letter dated 26.2.2003 followed by a notice of suspension and inquiry dated 3.3.2003 and a domestic inquiry (D.I.) being held on 13.3.2003 which the Claimant had duly attended and pleaded not guilty to the charge of failing to obey a lawful order. Vide its letter dated 13.3.2003, the 1st Respondent dismissed the 1st Claimant with effect from 14.3.2003 after being satisfied that the allegation of charge for disobeying the lawful order given via internal memo dated 6.2.2003 ie, the secondment, had been proved. At the time of his dismissal, the 1st Claimant's last drawn salar