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IN THE INDUSTRIAL COURT OF MALAYSIA

CASE NO: 15(1)/1-2048/07

BETWEEN

POI YANG SIN

AND

FRETECH SDN. BHD.

AWARD NO: 674 OF 2010

Before : PUAN ONG GEOK LAN - CHAIRMANENCIK SIMON SIM THAI FONG - EMPLOYER'S PANEL

ENCIK ABDUL HALIM BIN MANSOR - EMPLOYEE'S PANELVenue : Industrial Court Malaysia, Kuala Lumpur.

Date of Complaint: 18.10.2007.

Dates of Mention: 22.11.2007; 18.02.2008; 18.03.2008; 28.04.2008;12.05.2008; 06.06.2008; 07.07.2008; 26.08.2008;13.10.2008; 23.10.2008; 19.11.2008; 16.01.2009;

31.03.2009; 12.05.2009; 15.05.2009; 02.06.2009;02.10.2009; 30.10.2009; 19.11.2009; 12.01.2010;

13.01.2010;

DateS of Hearing : 23.06.2009; 17.05.2010.

Representative : Mr. S. Mariappenof Messrs J. Azmi & AssociatesCounsel for the Complainant.

Mr. R. Menonof Messrs Peter Cheah & Co

Counsel for the Respondent absent.

COMPLAINT :

POI YANG SIN (the Complainant) lodged a complaint undersection 56(1) of the Industrial Relations Act 1967 (the Act) thatFRETECH SDN. BHD. (the Respondent) has failed to comply withthe Award No. 1318 of 2007 in Case No: 23(15)/4-1267 of 2004 (thesaid Award).

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AWARD

The Complainant lodged a complaint under section 56(1) of the Actthat the Company has failed to comply with the said Award. By the said

Award, the Respondent was ordered to pay to the Complainant through

his Solicitors a total sum of RM107,055.00 less statutory deductions, if

any, not later than 30 days from the date of the Award.

The Complaint was called for hearing on 17.5.2010 at 10.30 a.m.

Mr. Mariappen of Messrs J. Azmi & Associates appeared for the

Complainant who was present in court. Neither the Company's Counsel

nor the Company's representative was present.

The Court noted that Mr. R. Menon of Messrs Peter Cheah & Co.,

Solicitors for the Company was present on the previous date when the

hearing date for 17.5.2010 was fixed The Court had also by its letter

dated 14.1.2010 informed the parties' Counsels of the hearing date.

Both the Company's Counsel and the Company's representative failed to

appear for the hearing. The Company had not filed in any Statement in

Reply.

In exercise of its powers under section 29(d) of the Act, the Court

proceeded to hear the complaint in the absence of the Company. The

Court agrees with the submission of Counsel for the Complainant that

since the Company has not filed any Statement in Reply and did not

appear in Court, there was no plausible reason that would amount to

special circumstances to vary the said Award.

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Accordingly, the Court orders the Company to pay to the

Complainant through his Solicitors the sum of RM107,055.00 less

statutory deductions, if any, within 30 days from the date of this Award.

HANDED DOWN AND DATED 17TH OF MAY, 2010.

( ONG GEOK LAN )

CHAIRMANINDUSTRIAL COURT MALAYSIA

KUALA LUMPUR.

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