INDUSTRIAL COURT OF MALAYSIA

CASE NO. : 1/1–3044/18

BETWEEN
KAVITHA A/P MARIMUTHU

AND

PUMPWEST SERVICES SDN. BHD.

AWARD NO. : 191 OF 2019

CORAM : YA TUAN EDDIE YEO SOON CHYE - PRESIDENT

EN. SAMSUDIN BIN USOP - EMPLOYEES' PANEL
EN. VETHAMUTHU A/L SAMY KANOO - EMPLOYERS' PANEL

VENUE : Industrial Court Malaysia, Kuala Lumpur.

FILING OF FORM S : 13.11.2018.

DATE OF MENTION : 07.12.2018.

DATE OF HEARING : 09.01.2019.

REPRESENTATION : Arun Kumar of Messrs Arun Kumar & Associates;

Counsel for the Complainant.
Complainant absent.

Sasha Lyna Binti Abdul Latif of Messrs Sasha Lyna &

Partners;
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 13

November 2018 in the respect of Industrial Court Case No. 30(6)/4-433/17 (Award No.

1550 of 2018 dated 9 July 2018) between Kavitha a/p Marimuthu v. Pumpwest

Services Sdn. Bhd.

[2] A complaint is hereby lodged by the Claimant that the provisions of the said Award

have not been complied in respect of paragraphs 51 & 52 where the Respondent was

ordered to pay the sum of RM106,260.00 to the Complainant within 30 days from the

date of the Award.

[3] The Court was informed that a Judicial Review application was filed in the Kuala

Lumpur High Court No. WA-25-289-10/2018 where leave was granted on 12 November

2018 and the hearing of the substantive application was fixed on 11 February 2019. The

Complainant was served with an unsealed copy of the application of the stay order

pending the disposal of the Judicial Review application.

Application for postponement of Form S hearing

[4] The Respondent's counsel requested for this instant application to be postponed to

a date after the hearing of the Judicial Review on the even date. The Court ruled that the

hearing of the application in Form S to proceed without any postponement under sections

29 (d) & (g) of the Industrial Relations Act 1967.

2
[5] The sum awarded was never paid to the Complainant within 30 days from the date

of the award. The Complainant's counsel prays that the Court order the compliance of the

award sum to be paid to the Complainant through the Complainant's solicitors. The

Respondent's counsel conceded that the Company has yet to make any payment to the

Complainant.

Decision

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

Respondent to pay the Complainant the sum of RM106,200.00 (less statutory

deductions if any) forthwith through the Complainant's solicitors Messrs Arun Kumar &

Associates.

HANDED DOWN AND DATED THIS 11TH DAY OF JANUARY 2019

~signed~

( EDDIE YEO SOON CHYE )

PRESIDENT
INDUSTRIAL COURT MALAYSIA