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1978 MarsdenLR 397

CHANG MIN TAT, ABDOOLCADER, SYED OTHMAN
SIVAPERUMAN – Appellant
Versus
HEAH SEOK YEONG REALTY SDN BHD – Respondent


Advocates:
For the appellant - AI Raj For the respondents - HR Sankey

JUDGMENT

Chang Min Tat FJ FJ:

I will ask Abdoolcader J to deliver the first judgment.

JUDGMENT

Abdoolcader J (delivering oral judgment):

The appellant's employment as a mandore in Sungei Chinoh Estate was terminated by the respondents by his dismissal on 16 June last year. The appellant took up the question of his dismissal through his Union with the Minister of Labour who in turn on 24 January this year referred the matter under the provisions of s. 26(2) of the Industrial Relations Act, 1967 to the

Industrial Court as a trade dispute within the definition thereof in s. 2 of the Act. This was fixed for hearing before the Industrial Court last month but was postponed as a result of some oversight on the part of the Union's solicitors.

In the meantime the appellant refused to vacate the quarters he occupied in the estate as a prerequisite of his employment despite requests by the respondents who accordingly commenced these proceedings for an injunction and damages, and then applied for and obtained an interlocutory injunction in effect for possession of the quarters pending trial, and that is now the subjectmatter of this appeal before us.

I would make two observations on the

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