INDUSTRIAL COURT OF MALAYSIA CASE NO. 1/1-770/11 BETWEEN

1. ENCIK NOR SHAH BIN ABDULL HAMID

2. ENCIK HAR MUN YOUN 3. PUAN CHAN SOW KENG

4. PUAN LIM LEE FEN

5. ENCIK TENG MAN YEN

6. ENCIK KAMAROL RIZAL BIN ARIS AND SELOGA ENGINEERING SDN. BHD.

AWARD NO : 1464 OF 2011 Coram : Y.A. PUAN SUSILA SITHAMPARAM – PRESIDENT ENCIK NORDIN BIN BOKARI − EMPLOYERS’ PANEL ENCIK JAMALUDIN BIN KASSIM – EMPLOYEES’ PANEL Venue : Industrial Court, Johore Bahru.

Date of filing of Form S : 30 May 2011.

Date of hearing : 3 October 2011.

Representation : Encik Nor Shah bin Abdull Hamid

Second, third, fourth, fifth and sixth

Mr. Balan S. Nair Messrs Seah Balan Ravi & Co.

Counsel for the respondent.

AWARD This is an application for the non-compliance of Award No. 503 of 2011 which was handed down in dismissal case 16/4-678/10.

Counsel for the respondent requested for a postponement as the application for the enlargement of time to file the application for judicial review was fixed for hearing at the High Court on 2 November 2011.

The court held that Encik Nor Shah bin Abdull Hamid, the first complainant did not have the locus standi to represent the other complainants as he was not their counsel or representative of an employees' organisation as provided by section 27(1)(d), Industrial Relations Act 1967 (hereinafter referred to as the "said Act").

Counsel for the respondent submitted that the respondent company was being restructured. He did not tender any documentary evidence.

The respondent has not proved any special circumstances as to why Award No. 503 of 2011 should be set aside or varied pursuant section 56(2)(c)

of the said Act.

The first complainant should not be deprived of the fruits of litigation.

The respondent shall pay the sum of RM25,190.00 to the first complainant forthwith.

The court fixed a date for the continued hearing of the application in respect of the other complainants.

HANDED DOWN AND DATED THIS 6^th DAY OF OCTOBER 2011 signed...

( SUSILA SITHAMPARAM )

PRESIDENT INDUSTRIAL COURT OF MALAYSIA