AWARD

The dispute between the parties emanates from the dismissal of Maheswaran a/l K. Paspanathan ("the claimant") by Gold Coin Specialities SDN BHD ("the company") on 16 June 2003 allegedly without just cause or excuse.

When the case was first called for mention on 2 November 2004, the claimant requested for a new mention date within a month's time therefrom as the parties were negotiating a settlement of the dispute. The company was not present.

At the second mention of the case on 30 November 2004, the court was informed that a settlement had in fact been arrived at and that a Deed of Settlement had been signed between the parties. However, as the claimant had yet to receive payment by cheque and clearance of the same, the case was fixed for mention on 29 December 2004 at the claimant's request. The company was again not present.

However, on 29 December 2004, both the claimant and the company were absent. This was despite the fact that both had been duly served with the court notices as evident from the respective AR cards returned by Post Malaysia Berhad [see enclosures (4a) and (4b) in the white file].

Prior to 29 December 2004, the court had received a letter dated 23 December 2004 from Messrs Shearn Delamore & Co. (enclosure 5) concerning the present case. The letter read as follows:

" YOUR REF

OUR REF SD 2664977 (VJ)

23rd December 2004

The Registrar

Industrial court PRIVATE & CONFIDENTIAL

Jalan Mahkamah Persekutuan BY HAND

Kuala Lumpur

Dear Sir

RE: KUALA LUMPUR INDUSTRIAL court CASE NO: 14/4-2214/04

GOLD COIN SPECIALITIES SDN BHD v. MAHESWARAN A/L K. PASPANATHAN

We refer to the above matter and to the letter from this Honourable Industrial court dated 2nd December 2004.

We write to confirm that the parties have amicably resolved this matter and the Claimant has undertaken to withdraw, with prejudice, the instant matter.

We accordingly pray that the matter be struck out without liberty to reinstate and the mention date of 29th December 2004 be vacated.

Yours faithfully,

Sheam Delamore & Co.

WRITTEN BY Vijayan Venugopal

DIRECT TEL +603 2076 2874

DIRECT FAX + 603 2078 5625

EMAIL vijayan@sheamdelamore. com

c.c 1. Messrs Muhendaran Sri

Advocates & Solicitors

1st Floor 85A Jalan Bangsar

59200 Kuala Lumpur.

2. Clients ".

In view of the contents of the letter which were clearly self-explanatory, and the claimant's absence in court this time around, this court was satisfied that the matter had been truly resolved between the parties.

Accordingly, this court struck out the claimant's case without liberty to file afresh.