PUAN SANJUGTHA A/P VIGNESWARAN ("the Complainant") has lodged a complaint under section 56(1) of the Industrial Relations Act, 1967 that CORPORATE SKILLS DEVELOPMENT SDN. BHD. ("the Respondent") has not complied with Award No. 655 of 2007.

AWARD

1. Puan Sanjugtha a/p Vigneswaran ("the Complainant") has lodged a complaint under section 56(1) of the Industrial Relations Act 1967 that Corporate Skills Development Sdn. Bhd. ("the Respondent") has not complied with Award No. 655 of 2007 ("the said Award") handed down by the learned Chairman on 29.3.2007. Vide the said Award the Respondent was ordered to pay the Complainant a sum of Ringgit Malaysia Twelve Thousand Five Hundred (RM12,500.00) only within thirty (30) days of the said Award.

2. The case was called for hearing on 7.5.2008 in the presence of Ms. Renuka T. Balasubramaniam from Messrs T. Balasubramaniam for the Complainant and Mr. P. Nair from Messrs P. Nair & Co. who was representing the Respondent. Learned counsel for the Complainant submitted that Award No. 655 of 2007 was handed down on 29.3.2007. Vide a letter dated 30.3.2007 the said Award was sent out by A.R. Registered Post. To date the said Award has not been complied with. Counsel thus prayed for an order of compliance.

3. The Court notes that the Respondent has filed a Statement In Reply (SIR) together with voluminous exhibits. From a perusal of this SIR, it is apparent that learned counsel is somewhat misconceived as to the nature of a Complaint of Non-Compliance under section 56(1) of the Industrial Relations Act, 1967. The Industrial Court sitting to hear a complaint of non-compliance does not sit as an appellate body and as such would not be empowered to uphold the termination of the Complainant as prayed for in paragraph (b) of the SIR.

4. In Court, Mr. P. Nair for the Respondent submitted that the Respondent is in serious financial difficulties. The Court was informed that the Respondent had been handed over to its previous shareholders by joint- venture partners after a civil litigation in the High Court with massive liabilities.

5. The Court notes that financial difficulties or financial incapacity has not been pleaded by the Respondent. Neither has evidence been adduced in support of this unpleaded contention.

6. The Court inquired and was informed that the Respondent has not applied for leave to seek judicial review.

7. The Court has carefully considered the complaint and the submissions of both parties. Court finds that the Respondent has failed to show any "special circumstances" for the Court not to make an order of compliance. As such, the Court hereby unanimously orders the Respondent to pay to the Complainant the sum of Ringgit Malaysia Twelve Thousand Five Hundred (RM12,500.00) only within thirty (30) days from the date of this Award.