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2021 MarsdenLR 1974

INDUSTRIAL COURT KUALA LUMPUR
ZAINOL RASHID NORDDIN – Appellant
Versus
MALAYSIA BUILDING SOCIETY BERHAD – Respondent


Petitioner Advocates:Venkateswari Alagendra,N Sarawathy Devi ,Respondent Advocate: Sharifullah Majeed,Arissa Ahrom

AWARD

Noor Ruwena Nurdin:

The Application

[1] An application was made by Zainol Rashid Norddin ("the applicant") on 21 February 2021 through the filing of Form M to the Industrial Court under s 33(1) of the Industrial Relations Act 1967 [Act 177] ("the 1967 Act") requesting for an interpretation of part of the Award No 2869 of 2018 Zainol Rashid Norddin v. Malaysia Building Society Berhad in Case No 11/4-1762/12 ("the said Award") which related to the phrase "less statutory deductions (if any)". The issues arising for a determination before this Court is not only whether the amount of RM360,000.00 awarded attracted EPF contributions, but also that the amount awarded attracted the Staff Provident Fund (SPF) contributions, Retirement Gratuity, Service Gratuity and Subordinate Staff Gratuity to be paid by Malaysia Building Society Berhad ("the respondent") to be paid to the applicant.

[2] This Court has been asked to interpret the Final Order in the said Award which reads as follows:

"[52] The Court orders the Company to pay the claimant through the claimant's solicitors, Messrs N Saraswathy Devi in the sum of RM (200,000.00 + RM160,000.00 = RM360,000.00) less statutory deductions (if an

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