AWARD

Introduction

The parties to the trade dispute are Dynamic Plantations Bhd (Pemilik Ladang Bukit Dinding, Karak, Pahang) (hereinafter referred to as "the company") and Kesatuan Kebangsaan Pekerja-pekerja Ladang (NUPW) (hereinafter referred to as "the union").

The company was a member of the Malayan Agricultural Producers Association (MAPA) bound by the following collective agreements between MAPA and the union. These are:

(i)MAPA/NUPW Rubber Tappers' Wage Agreement 1999 (Cog. No. 27/99); and

(ii)MAPA/NUPW Field And Other General Employees and Fringe Benefits Agreement 1999 (Cog. No. 18/99)

In 1999 the company gave wage increments to the Malaysian employees employed at Ladang Bukit Dinding, Karak, Pahang, in accordance with the terms of the above collective agreements. Furthermore in 1999 also the Malaysian employees were paid ex gratia payments by the company during the period 1 June 1998 till 31 December 1998 in the following amounts:

Rubber tapper: RM 230

Field and general employees: RM 170

The company has not or has refused to pay the aforesaid wage increments and ex gratia payments to the non-Malaysian employees employed to work at the said Ladang. These claimants are as listed in