INDUSTRIAL COURT KUALA LUMPUR
PANUT PADRI – Appellant
Versus
PADIBERAS NASIONAL BERHAD – Respondent
Award No: 481 Of 2014 [Case No: 2/4-794/13]
| Table of Content |
|---|
| 1. consolidation application based on common facts. (Para 2) |
[1] This is an application by the Company to consolidate this case with two other cases that is:
1. Case no: 22/4-808/13 Ahmad Kastalani bin Sumo v. Padiberas Nasional Berhad and
2. Case no: 5/4-809/13 Hassan bin Awang v. Padiberas Nasional Berhad
[2] The ground of the application are stated in the Affidavit in support which among others:
1. The cause of action arose out of a reference under s 20(3) ICA pertaining to the dismissal of the 3 claimants by the same Company. They were dismissed about the same time based on common facts and this relief sought are the same.
2. The disciplinary action that was taken against all the 3 claimants are the result of the same incident where the company discovered the depletion of paddy stock at 10.36% at the company's Kilang Beras Bernas, Sungai Besar, Selangor.
3. The witnesses that gave evidence in the 3 Domestic Inquiry and the panel member who heard the inquiries were the same.
There is an Affidavit in Reply filed by Claimant Ahmad Kastalani bin Sumo objecting the application Claimant Hassan bin Awang has informed the Court that he has no objection that his case be consolidated with the other 2 cases.
The Law
[3] The Federal Court in the case of Central Securities (Holding) Bhd v. Haron bin Mohamad Zaid, 1979 MarsdenLR 216 , Raja Azlan Shah CJ (Malaya) at page 251 said::
"The main purpose of consolidation is to save costs and time, and therefore it will not usually be ordered unless there is some common question of law or fact bearing sufficient importance in proportion to the rest of the subject matter of the action "to render it desirable that the whole should be disposed of at the same time " ( Payne v. British Time Recorder Co [1921] 2 KB 16, Horwood v. British Statesman Publishing Co Ltd [1929] WN 38, Darus v. Daily Skech [1960] 1 All ER 397). Where this is the case, action may be consolidated where the Plaintiffs are the same and the Defendants are the same.".
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