S Nantha Balan JCA:

Introduction

[1] There are two appeals before us, namely Civil Appeal No: W-01(A)-128-03/2021 ("Appeal 128") and Civil Appeal No: W-01(A)-142-03/2021 ("Appeal 142") (collectively, "the Appeals").

[2] We shall preface this judgment by stating that at stake in the Appeals is the sanctity of the doctrine of separate legal personality which is a firmly embedded and well- entrenched principle of company law since Salomon v. A Salomon & Co Ltd [1897] AC 22 ("Salomon"), and which remains the cornerstone protecting individual corporate entities from the liabilities of their affiliates. In the context of proceedings before the Industrial court, it appears that the doctrine is increasingly under strain - especially in cases where the true employer is insolvent, and the employee attempts to enforce remedies against sister or parent companies in the same corporate group. The tension is especially acute under s 29(a) of the Industrial Relations Act 1967 ("the Act"), which gives the Industrial court broad powers in procedural matters. Section 29 (a) provides: "The court may, in any proceedings before it - (a) Order that any party be joined, substituted or struck off."

[3] This ju