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1997 MarsdenLR 2307

ABDUL KADIR SULAIMAN
THILAGAVATHY A/P ALAGAN MUTHIAH – Appellant
Versus
MENG SING GLASS SDN BHD – Respondent


Advocates:
D Kalaimany ( Kalai & Partners) for the applicant.
Dennis Appaduray ( Sidek, Teoh, Wong & Dennis) for the first respondent.

JUDGMENTBY: ABDUL KADIR SULAIMAN J

ABDUL KADIR SULAIMAN J: Upon a reference by the Minister of the representations of the applicant under s 20 of the Industrial Relations Act 1967 (the Act), the second respondent, the Industrial Court, heard the dispute and subsequently handed down award No 29/96 in favour of the applicant. At p 10 of the award the learned chairman said:

It is an admitted fact that the claimant (the applicant) submitted her

claim late and the hearing could only be completed at the beginning of

January 1996 and because of this and bearing in mind equity and good

conscience, a sum of RM10,500 would be considered fair and just to be

compensated to the claimant by the company as the court finds that her

termination was without just cause or excuse and she was unemployed

from April 1993 to October 1993, a total of approximately seven months.

All other claims by the claimant, if any, are hereby dismissed

(Emphasis added.)

By this application, the applicant applies to this court for an order of certiorari to quash the said award and also for an order of mandamus to direct the second respondent to make the award of ba

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