The Non Metallic Mineral Products Manufacturing Employees Union ("the union") lodged a complaint with the court under s. 56(1) of the Industrial Relations Act 1967 ("the Act") that Highway Quarry Sdn. Bhd. ("the company") has not complied with art. 39 (on payment of salary) and art. 13 (on efficiency and discipline) of the collective agreement handed down by the court in Award No. 586 of 1997. The complaint of the union is accompanied by a statement of case which it has subsequently amended. Briefly it alleged that the company had issued a final warning letters to its employees who are members of the union for taking part in what the company alleged an illegal strike and at the same time deducted their salaries for the days that they went on strike. This the union alleged contravened art. 13 which provides for the company to go through disciplinary procedures of issuing show cause letter and conducting due inquiry which the company did not do. It also alleged that the company contravened art. 39 for not paying the employees' salaries on time.

The company in its reply contended that the company was justified in deducting the employees' salaries and giving them the final warning becau

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