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(460-19E) Mohd Rokis Mohd Ghulan v. Cekal Teguh SDN BHD & Anor & Another Appeals
(460-19E) Mohd Rokis Mohd Ghulan v. Cekal Teguh SDN BHD & Anor & Another Appeals
BETWEEN
MOHD ROKIS BIN MOHD GHULAN
AND
1
AWARD
the Industrial Relations Act 1967 & Rule 24 A of the Industrial Court Rules 1967 on 14
between Syed Othman Bin Abu Bakar & 5 Other Claimants v. Cekal Teguh Sdn.
[2] The complaints were hereby lodged by the Complainant that the provisions of
the abovementioned Award have not been complied with in respect of page 36 where
the Court orders the 1st Respondent (Cekal Teguh Sdn. Bhd.) to pay the
Complainants through the Complainants' solicitors Messrs Mahadi Redzuan & Co. the
2
[3] In the Award, it was stated that the Cekal Teguh Sdn. Bhd. (1st Respondent) is
incorporated in Hong Kong and the 2nd Respondent had issued employment agreements
to the Complainants.
[4] The Statement of Case was filed on 28 September 2018. The Complainants aver
that the period of 30 days from the date of Award had already lapsed on 13 August
2018. The Complainants further aver that the 1 st Respondent has yet to date failed to
comply with the Award. The Complainants pray that this Court order the Respondent to
comply with the Award forthwith. The Complainants' counsel urged the Court to
proceed with the hearing as there is no stay order granted by the High Court. There
were no valid reasons for the Respondents to withhold the payment ordered by way of
a monetary award.
[5] The Statement in Reply was filed on 25 January 2019. The Judicial Review
application was filed on 7 September 2018 (Encl. 13) by Case No. WA-25-226-09/2018
and the High Court dismissed the Judicial Review application on 16 January 2019.
There was no stay order applied or granted by the High Court. The Respondents now
applied filed a Notice of Appeal in the Court of Appeal on 25 January 2019. The
Respondents' counsel submit that this application for the Respondent to execute the
3
Decision:
[6] The order of compliance is hereby allowed. The Court unanimously makes an
order pursuant to s. 56 (2) (a) (i) of the Industrial Relations Act 1967 directing the
Respondent to pay the Complainant through his solicitors Messrs Mahadi Redzuan & Co.
~signed~