Sunday, October 9, 2011
RANJIT KAUR A/P S GOPAL SINGH V HOTEL EXCELSIOR (M) SDN. BHD  6 MLJ 1 (RAUS SHARIF FCJ)
Issues:- Labour Law- Industrial Court-Finding of Fact- Issue not pleaded in Claimant's SOC- Finding made based on umpleaded issue- whether Industrial Court free to raise issues raised in pleadings-whether S30 (5) of the IRA 1967 could save Claimant's defective pleadings --IRA 1967 S30(5).
The IRA 1967 could not be used to overide or circumvent the basic rules of pleadings. The IC, like the Civil Courts must confine itself to the four corners of the pleadings.Pleadings in the IC are as important as in the civil courts.The Claimant must plead his case and the IC must decide on the Claimant's pleaded case. This is important in order to prevent the element of surprise and provide room for the other party to adduce evidence once a fact or an issue is pleaded.The IC's duty to act according to equity, good conscience and substantial merits of the case without regard to technicalities and legal form under Sect 30(5), does not give the IC the right to ignore the Industrial Court Rules 1967 made under the principal act (see paras 28-29) R Rama Chandran v The Industrial Court of Malaysia & Anor  1 MLJ 145 followed.