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1996 MarsdenLR 31

COURT OF APPEAL KUALA LUMPUR
RADTHA RAJU & ORS. – Appellant
Versus
DUNLOP ESTATES BHD. – Respondent


Petitioner Advocates:B. Lobo ,Respondent Advocate: N. Sivabalah

JUDGMENT

Shaik Daud Mohd Ismail JCA:

[1] This is an appeal from the decision of the High Court Kuala Lumpur whereby on 21 September 1994 the Court dismissed the appeal of the appellants against the decision of the Labour Court.

[2] The facts of the case are not in dispute.

[3] All the appellants who were members of the Estate Workers Union were originally employed by Dunlop Estates Bhd. (hereinafter I shall refer to as "Dunlop") at their rubber estate known as Segamat, Gombali and Paya Lang (hereinafter I shall refer to as "the estate") up to 31 August 1990.

[4] On 1 September 1990 the estate was sold to Industrial Oxygen Industries Bhd. and Dynamic Plantations Bhd. (hereinafter I shall refer to as "IOI-Dynamic").

[5] The appellants contend that on 4 September 1990 I0I-Dynamic the new owner of the estate made offers of employment to all appellants in the same estate on terms should they accept the offers, their services would be continued.

[6] All the appellants accepted the offers on 7 September 1990 & thereafter their services continued uninterrupted with I0I-Dynamic.

[7] Appellants contend that Dunlop failed to give them notices of termination of their employment with Dunlop as required

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