YIT LEONG CRANE SERVICES SDN BHD LETCHUMANAN A/L NADARAJAN

YIT LEONG CRANE SERVICES SDN BHD LETCHUMANAN A/L NADARAJAN

The appellant, not the Labour Office, bore the statutory duty to prepare and file the record of appeal within one month under O 55 r 4 ROC as incorporated by s 77 Employment Act; the record was filed out of time without any application for extension or satisfactory explanation, and therefore the appeal was improperly brought and had to be dismissed.

Citation
BA-16-17-04/2021 (Mahkamah Tinggi)
Parties
Perayu: Yit Leong Crane Services Sdn Bhd; Responden: Letchumanan a/l Nadarajan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2021
Case Number
BA-16-17-04/2021 (Mahkamah Tinggi)
Procedural Posture
Appeal From Labour Court Under S77 Employment Act 1955 / High Court Judgment on Preliminary Objection and Disposal of Appeal
Outcome
Appeal dismissed; preliminary objection allowed
Legal Topics
Appeal Time Limits, Record of Appeal, Service and Proof of Service, Dismissal for Non Compliance With Procedural Rules
Source Language
Malay/English
Employment Law Labour Law Civil Procedure Appeal Time Limits Record of Appeal Service and Proof of Service Dismissal for Non Compliance With Procedural Rules

Case Brief

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Parties

Yit Leong Crane Services Sdn Bhd

Perayu

Letchumanan a/l Nadarajan

Responden

Procedural Posture

Appeal From Labour Court Under S77 Employment Act 1955 / High Court Judgment on Preliminary Objection and Disposal of Appeal

Legal Issues

  1. 1 Whether the notice of appeal and record of appeal were filed and served within the time limits prescribed by Order 55 Rules of Court
  2. 2 Whether the appellant can rely on the Labour Office to prepare and file the record of appeal
  3. 3 Whether the High Court should dismiss the appeal for failure to comply with O 55 r 4 and for not applying for extension of time

Ratio Decidendi

The appellant, not the Labour Office, bore the statutory duty to prepare and file the record of appeal within one month under O 55 r 4 ROC as incorporated by s 77 Employment Act; the record was filed out of time without any application for extension or satisfactory explanation, and therefore the appeal was improperly brought and had to be dismissed.

Court Disposition

Appeal dismissed; preliminary objection allowed

Orders

  • Preliminary objection allowed
  • Appeal dismissed with costs RM5,000 subject to allocatur