This Notice of Application was filed on 5.8.2008 by Encik Oh Swee Hoe, Puan Ferwani binti Othman, Puan Lee Pek Mun @ Syazana Lee binti Abdullah and Puan Wong Wai Ling, the Applicants/Claimants, to join Usasyabas Sdn. Bhd. (hereinafter referred to as the 2nd Respondent), as a party in this proceeding of the dismissal of the Applicants/Claimant, by T & T Associates Sdn. Bhd. the 1st Respondent, pursuant to section 29(a) of the Industrial Relations Act 1967 (the Act). The Claimant Encik Abd. Rashid bin Said Ali had withdrawn his claim and his case was struck out without liberty to re-apply videAward No. 2339 of 2007 handed down on 16.11.2007.

This Notice of Application is supported by the affidavit of Applicant/ Claimant, Encik Oh Swee Hoe who was duly authorised by the other 3 Applicants/Claimants to depose the affidavit for and on their behalf. This affidavit was sworn on 5.8.2008. In brief the Applicants deposed that having perused the bundle of documents of the 1st Respondent, they believed that the 1st Respondent might be in the proces of easing its business. They were also advised by their solicitors and verily believe that it is necessary to join the 2nd Respondent as a party so as not to prejudice their respective claims and that by joining the 2nd Respondent, it would make the adjudication of this case effective, reinstatement attainable and enforceable. The Applicants averred that they were appointed to their respective positions by the 2nd Respondent. Secondly their monthly salaries, yearly increments, yearly bonuses, annual leave, emergency leave, maternity leave, EPF and SOCSO contribution were at all time handled by the Human Resources Department of the 2nd Respondent. Thirdly, the Applicants' termination benefits were paid by the 2nd Respondent vide its cheques. Fourthly, there was an agreement between the 1st and 2nd Respondents that the Applicants be seconded to the 1st Respondent to carry out their professional services. The Applicants were seconded to the 1st Respondent by the 2nd Respondent as a favour as the 2nd Respondent was at the material time undergoing tax complications and lastly, the 1st Respondent was and/or is in the midst of ceasing business. For the above averrments Applicants verily believe that there exist concrete nexus between the 1st and 2nd Respondent to justify their Application herein. Further, Applicants produced a letter dated 23.6.2006 purportedly from the 1st Respondent to the 2nd Respondent and stated that its contents indicated the necessity of filing this Application.

The 1st Respondent had filed an affidavit in reply sworn on 12.9.2008 by its Director in the Mechanical Engineering Division Mr. Teh Piaw Ngi but the 2nd Respondent had failed to take any steps to object to this Application nor file any affidavit to depose any facts to refute the contents of the Applicants' affidavit. Mr. Teh Piaw Ngi confirmed in the said affidavit in reply that the 1st Respondent was in the process of winding down its operations. He deposed that the Applicants were transferred by Usasyabas Sdn. Bhd., the 2nd Respondent to the 1st Respondent on 1.4.1998 and since the transfer Applicants' EPF and SOCSO payments were made by the 1st Respondent; similarly, the Applicants since then took instruction from the 1st Respondent and Applicants' application for leave were applied to and approved by the 1st Respondent. Lastly, the termination of service of the Applicants were also done by the 1st Respondent. He contended that there could only be one employer and that if Applicants were to allege that the 2nd Respondent was their employers, he challenged them to produce the termination letters from the 2nd Respondent. He further stated that the 1st Respondent was the rightful employer and that it had no power to re-transfer the Applicants to the 2nd Respondent.

In submission, counsel for the Applicants Mr. Mohan Ramakrishnan submitted the following reasons to support this Application:-

1. The Applicants were