AWARD

The dispute between the parties emanates from the dismissal of Subri bin Ahmad ("the claimant") by Wilson Parking (M) SDN BHD ("the company") on 23 January 2002 allegedly without just cause or excuse.

For the reasons as stated in Wilson Parking (M) Sdn Bhd lwn. Subri Ahmad (Award No. 1052 of 2004), this court had struck off the claimant's case with liberty to file afresh within 3 months from the last mention date of 27 August 2004.

Vide the present application filed by way of "Notis Permohonan" dated 7 December 2004 coupled with a supporting affidavit affirmed on 25 November 2004, the claimant applied for Wilson Parking (M) Sdn Bhd lwn. Subri Ahmad (Award No. 1052 of 2004) to be set aside and for Case No. 14/4- 745/04 to be reinstated. The claimant's main ground of application was that because he had shifted house from Gombak to a new address in Cheras at the material period, he did not receive the communications from the court and was therefore inadvertently absent on the mention dates of 20 July 2004 and 27 August 2004.

Needless to say, had the claimant been vigilant enough to keep the court informed of his change of address, the present application which was heard on 29 December 2004 would not be necessary. Nevertheless, in view of the claimant's explanation and in the absence of any objection from the company as confirmed by its Human Resource Executive, Encik Mohamad Azdi bin Mokhtar who was present, there was no reason why Case No. 14/4-745/04 should not be reinstated. Mr. S. Shanker who mentioned on behalf of solicitors for the claimant, Messrs Jay & Co. also highlighted the fact that the company had not filed any affidavit in reply opposing the claimant's application.

Taking the aforesaid into consideration and being mindful of its duties under s. 30(5) of the Industrial Relations Act 1967 and the fact that the object of reinstatement is to give the claimant an opportunity of being heard (see Bank Pusat Kerjasama (In Receivership) v. Mahkamah Perusahaan Malaysia & Anor, [1994] 3 MLJ 537 ), this court accordingly made an order in terms of the claimant's "Notis Permohonan".

In consequence of the reinstatement, the claimant must file his Statement of Case on or before 24 January 2005 and the company, its Statement in Reply on or before 28 February 2005. The parties' respective Bundle of Documents must be filed by 14 March 2005. The case shall be set down for hearing on the merits in due course by the Registrar.

The case shall be called for case management on 21 March 2005.