INDUSTRIAL COURT OF MALAYSIA

CASE NO. : 1/1–266/20

BETWEEN
MUHAMMAD HAMDAN BIN OSMAN

AND

LESUS ENGINEERING SDN. BHD.

AWARD NO. : 919 OF 2020

CORAM : YA TUAN EDDIE YEO SOON CHYE - PRESIDENT

EN. RAJAMORGANAN A/L NARUNAN - EMPLOYEES' PANEL
DR. MICHAEL CHIAM TOW HUI - EMPLOYERS' PANEL

VENUE : Industrial Court Malaysia, Kuala Lumpur.

FILING OF FORM S : 20.01.2020.

DATE OF MENTION : 17.02.2020.

DATES OF HEARING : 29.06.2020.

REPRESENTATION : Gelli Binti Saring of Malaysian Trades Union Congress

(MTUC);
Complainant's representative.
Complainant present.

Respondent's representative absent.

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 AWARD

[1] This is a complaint of non-compliance pursuant to Form S filed under s. 56 (1)

of the Industrial Relations Act 1967 & Rule 24 A of the Industrial Court Rules 1967 on 20

January 2020 in the matter of Industrial Court Case No. 32(12)/4-2809/18 (Award

No. 2531 of 2019 dated 18 September 2019 between Muhammad Hamdan Bin

Osman v. Lesus Engineering Sdn. Bhd.

[2] A complaint is hereby lodged by the Complainant that the provisions of the

abovementioned has not been complied with in respect of paragraph 53 where the

Court orders the Company to pay the Claimant the sum of RM87,750.00 (less

statutory deductions if any) through the Complainant's representative Malaysian Trades

Union Congress (MTUC) within 14 days from the date of the Award.

[3] This application was initially scheduled for hearing on 30 March 2020 and later

postponed to 2 April 2020 and now rescheduled to 29 June 2020 following the

Movement Control Order as announced by the Government.

[4] The Complainant claims that the Respondent has failed to comply with the said

Award and that to date the Respondent has not made any payment to the Complainant.

The Complainant prays for the compliance of the Award forthwith.

[5] The Complainant's representative informs Court that the Company had filed an

application for Judicial Review at the High Court in Application No. WA-25-576-

12/2019. The application for Judicial Review is fixed for hearing on 1 October 2020

and there is no stay order granted by the High Court.

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Decision:

[6] The order of compliance is hereby allowed. The Court unanimously orders the

Respondent to pay the Complainant the sum of RM87,750.00 (less statutory

deductions if any) through the Complainant's representative Malaysian Trades Union

Congress (MTUC) forthwith.

HANDED DOWN AND DATED THIS 2ND DAY OF JULY 2020

~signed~

( EDDIE YEO SOON CHYE )

PRESIDENT
INDUSTRIAL COURT MALAYSIA