Maniam Subramaniam, 58, wants Cold Chain Network Sdn Bhd to pay him RM12,791 in backdated payments based on trips he made while working in the supply chain company from July 2010 to August 2013.
His lawyer New Sin Yew told an appeals hearing at the High Court here that the money Maniam was paid for travelling during his employment should be taken into account for the EPF contributions.
“That is his job, driving a lorry and getting paid for the distance he travels. The further he drives, the more he gets paid,” he said.
Maniam had filed a suit at the Sessions Court last year to seek a court declaration that the RM12,791 falls under the definition of wages as stated under the Employees Provident Fund Act 1991 and that Cold Chain Network has the duty to pay him the amount as EPF contributions.
“The suit was unfortunately dismissed,” New said before High Court judge Justice S Nantha Balan today.
Maniam had lodged complaints with the EPF, asking the fund’s board to probe his claim against the company on the non-contribution.
However, the EPF did not take action after accepting the company’s explanation in a letter dated Sep 2, 2014, that the travel reimbursements were not part of wages that should be contributed under Section 2 of the EPF Act.
This led Maniam to file the lawsuit. However, on Dec 9 last year, the Sessions Court dismissed it on grounds that the EPF had investigated his claims and the courts had no reasons to interfere in the findings.
Other lawyers representing Maniam today were Quraltulain Atiqah Norzahirul and Vinu Kamalananthan.
Lawyer Nik Erman Nik Roseli, representing Cold Chain Network, told the court that Maniam should have challenged the EPF’s decision through a judicial review instead of filing the lawsuit, as the EPF had refused to hear his complaints.
Syafiq Faizal and Wan Mohd Faisal, legal officers for the EPF, which is the second defendant, argued that Maniam should not have filed the suit against the fund.
Nantha fixed June 21 for to deliver his decision on Maniam’s appeal.