2004 MarsdenLR 590
INDUSTRIAL COURT, KUALA LUMPUR
SELTOM PACIFIC SDN BHD – Appellant
Versus
MAREN SUBRAMANIAM – Respondent
Award No. 1836 Of 2004 [Case No: 13/4-1997/04]
AWARD
This case involved the dismissal of Encik Maren a/l Subramaniam by his employer Seltom Pacific Sdn Bhd on 17 January 2003 and the matter was referred to the Industrial Court for an award under s. 20(3) of the Industrial Relations Act 1967 .
The case was first mentioned on 27 October 2004. A.R. Registered letter was sent to claimant on 24 September 2004 informing him of the mention on 27 October 2004 but letter was returned with remark, "had moved".
Court then faxed letter to Industrial Relations Department on 26 October 2004 to obtain latest address of claimant. Court meanwhile sent another A.R. Registered letter to claimant for the next mention date and had also sought the help of the company's counsel Mr. Dinesh of M/s Azman, Davidson & Co. to also find out the latest address of the claimant.
The next mention date was set for 13 December 2004. Meanwhile, the Industrial Relations Department had responded to Court and informed Court that the latest address of claimant remained the same and gave two phone numbers of claimant to contact. Court staff made attempts to reach claimant on the two phone numbers but was told they were no longer in service. The 2nd A.R. Registered letter to claimant sent on 27 November 2004 was also returned back with remarks "had moved". Company's Counsel Mr. Dinesh then requested Court to have the case struck off.
Court struck off case with liberty to file afresh within 6 months.