INDUSTRIAL COURT OF MALAYSIA
CASE NO. : 1/1–2904/18
BETWEEN
MOHD ROKIS BIN MOHD GHULAN
AND
CEKAL TEGUH SDN. BHD. & KAZAKHSTAN METHANOL LIMITED
(Heard Together With Case Nos. : 1/1-2900/18, 1/1-2901/18,
1/1-2902/18, 1/1-2903/18 & 1/1-2905/18)
AWARD NO. : 460 OF 2019
CORAM : YA TUAN EDDIE YEO SOON CHYE - PRESIDENT
EN. MOHD. EFFENDY BIN ABDUL GHANI - EMPLOYEES' PANEL
EN. ABDULALIM BIN ZAKARIA - EMPLOYERS' PANEL
VENUE : Industrial Court Malaysia, Kuala Lumpur.
FILING OF FORM S : 28.09.2018.
DATE OF MENTION : 21.11.2018.
DATE OF HEARING : 28.01.2019.
REPRESENTATION : Nur Shazwani Binti Shahdan of Messrs Mahadi Redzuan
& Co.;
Counsel for the Complainants.
Complainants absent.
R. Rajaswari of Messrs Abu Talib Shahrom;
Counsel for the Respondent.
Respondent's representative absent.
1
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 14
October 2018 in the matter of Industrial Court Case Nos. : 32(14)/4-1752/16,
32(14)/4-1753/16, 32(14)/4-1754/16, 32(14)/4-1759/16, 32(22)/4-
1760/16, 32(22)/4-1761/16 (Award No. 1922 of 2018 dated 13 August 2018)
between Syed Othman Bin Abu Bakar & 5 Other Claimants v. Cekal Teguh Sdn.
Bhd. & Kazakhstan Methanol Limited.
[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
total sum of RM8,779,378.49 within 30 days from 13 August 2018 as follows:
Form S Case Nos Claimants Amount (RM)
1/1-2900/18 32(14)/4-1752/16 Syed Othman Bin Abu Bakar 3,134,799.40
1/1-2901/18 32(14)/4-1753/16 Mohd. Yunus Bin Solong 1,371,562.50
1/1-2902/18 32(14)/4-1754/16 Ahmad Fuad Bin Abd. Wahab 1,540,000.00
1/1-2903/18 32(14)/4-1759/16 Syed Hassan Bin Syed Azmi 181,352.00
1/1-2904/18 32(22)/4-1760/16 Mohd. Rokis Bin Mohd. Ghulan 1,203,125.00
1/1-2905/18 32(22)/4-1761/16 Munir Bin Abu Bakar 1,348,539.59
Total: 8,779,378.49
2
[3] In the Award, it was stated that the Cekal Teguh Sdn. Bhd. (1st Respondent) is
a company incorporated and operating in Malaysia and the nature of business is
investment dealing, investment holding and providing management services to its
group of companies. The 2nd Respondent (Kazakhstan Methanol Limited) was
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
Award is premature pending the outcome of the appeal.
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.
the sum of RM1,203,125.00 forthwith.
HANDED DOWN AND DATED THIS 31ST DAY OF JANUARY 2019
~signed~
( EDDIE YEO SOON CHYE )
PRESIDENT
INDUSTRIAL COURT MALAYSIA
