Industrial court forced me to agree to terms, claims doc


  • Nation
  • Saturday, 19 Jul 2003

BY CHELSEA L.Y. NG

KUALA LUMPUR: A doctor claimed he was forced by the Industrial Court to agree to the terms of a consent award with a private hospital he had sued for wrongful dismissal. 

Dr Annadurai Karupiah, therefore, applied to set aside the award of RM120,000 paid to him by Taman Desa Medical Centre & Specialist Hospital in lieu of reinstatement and back wages after the court recorded a settlement between them on Oct 16 last year. 

Lawyer V.K. Raj, who acted for him in the wrongful dismissal claim, affirmed an affidavit-in-support of the application stating that the Industrial Court chairman had “urged both parties to negotiate a settlement''. He said lawyers for both sides had gone into the chairman's chambers where the final offer of RM120,000 was made. 

Cross-examined by T. Thavalingam, a lawyer for the hospital, Raj said his client was not satisfied with the terms and the way the settlement was arrived at. 

“My client felt that there was impropriety in the procedure in the chambers.'' 

Raj, however, said that he had not informed the hospital's solicitors about his client's dissatisfaction despite being told about it last year. 

He disagreed that he had misled the hospital's solicitors by writing to them that his client was expected to return to the hospital a copy of his resignation letter, a term of the settlement, and not responding to several reminders. 

In his affidavit, Raj said his client believed he had a very strong case for reinstatement and had wanted EPF contributions and legal fees to be included in the settlement. He agreed that he did not convey the message to the other party or the court.  

In yesterday's matter, Thavalingam appeared with Teofilus Ponniah while P. Kuppusamy acted for Dr Annadurai. 

Industrial Court chairman K. Ramakrishnan fixed Aug 1 for written submissions to be handed in.  

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