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2023 MarsdenLR 1342

INDUSTRIAL COURT KUALA LUMPUR
NG GIM SIONG – Appellant
Versus
STRENUUS CONSTRUCTION SDN BHD & ORS – Respondent


Petitioner Advocates:Teh Hong Jet ,Respondent Advocate: Dato' Arthur Wang Ming Way,Nattawynn Su Wit

Table of Content
1. dismissal of claimant by respondent (Para 1 , 2)
2. grounds and responses to application (Para 3 , 4)
3. need for leave in winding up cases (Para 5 , 6 , 9 , 10 , 11 , 12 , 13 , 16 , 17)
4. interpretation of companies act sections (Para 7 , 8 , 14 , 15)
5. court's order to strike out case (Para 18)
Paramalingam J Doraisamy:

References

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Ng Gim Siong (hereinafter referred to as "the Claimant") by Strenuus Construction Sdn Bhd (hereinafter referred to as "the 1st Respondent") on 18 March 2020. The 2nd and 3rd Respondents were joined as parties vide Interim Award No 1788 of 2022 dated 15 August 2022.

Introduction

[2] The Respondents filed an application before this Court on 28 August 2023 (Encl 99A) under s 29(fa) and (g) of the Industrial Relations Act 1967 for an order that the Claimant's claim be struck out.

Grounds For The Respondents' Application

[3] The grounds for the Respondents' application are contained in the Affidavit In Support of Poon May Yien affirmed on 21 August 2023 ("the Respondents' Affidavit") and briefly are as follows:

(i) that the

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