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1998 MarsdenLR 2286

ABDUL KADIR SULAIMAN
WELTEX KNITWEAR INDUSTRIES SDN BHD – Appellant
Versus
LAW KAR TOY – Respondent


Advocates:
For the Applicant:
Mr. A. Ramadass,
Messrs. Ramadass & Associates
For the First Respondent:
Mr. P.G. Jayendran,
Messrs. L. Pereira & Associates

JUDGMENT

This dispute between the Applicant and the first Respondent came before the second Respondent, the Industrial Court, following a reference by the Minister of the first Respondent's representation made under section 20 (1) of the Industrial Relations Act 1967. The issues in the dispute are in the pleadings filed by the parties with the Industrial Court. There is no dispute as to the fact that the first Respondent joined the service of the Applicant on 1st November 1973 and her last drawn salary was RM1,300.00 per month.

By her statement of case, the first Respondent avers that she worked for the Applicant as a supervisor. In early 1993 the Applicant summarily ordered her to be a "sample sower". The Applicant was not satisfied with her production capacity and required of her to produce more to be commensurate with her salary paid by the company. Later the Applicant forced her into signing a printed letter of resignation to take effect from 5th June 1995 marked as exhibit "C-1". Therefore, she claimed that she was dismissed from her job with the Applicant from that effective date and that this dismissal was without just cause or excuse, and contrary to the principles of natur

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