Award

In this complaint under Section 56(1) of the Industrial Relations Act, 1967 (hereinafter referred to as "the Act") against Malaysian Prestressed Concrete Strand Manufacturing Sdn. Bhd., Ipoh (hereinafter referred to as "the Company") by Metal Industry Employees' Union (hereinafter referred to as "the Union") on 23rd February, 1989, the Union alleged that the Company had failed to comply with Article 24 of the collective agreement when it retrenched 42 of its employees on 31st January, 1989. It then prayed for an order of non-compliance against the Company.

At the proceedings before us, the facts emerged are briefly these. Malaysian Ropes Sdn. Bhd., Ipoh, a company incorporated in 1969, was in the business of manufacturing and sales of wire ropes and link chains. It was situated in Taman Meru Industrial Estate, Ipoh. It had a collective agreement with the Union. It was their 3rd collective agreement dated 18th August, 1984 (hereinafter referred to as "the 3rd Agreement"). The 3rd Agreement was for a period of three years, effective from 27th December, 1983. It was taken cognisance by the Industrial Court on 30th October, 1984 vide Cognisance No. 183/84. The 3rd Agreement was, on