MTUC wins stay of High Court ruling on election pending appeal

Judicial commissioner Choong Yeow Choy says special circumstances warrant the suspension of the ruling he made in the Shah Alam High Court on July 11.

SHAH ALAM: The Malaysian Trades Union Congress (MTUC) has been allowed a stay of a High Court ruling made last month which, among others, declared that its triennial delegates’ conference is null and void as it violated provisions in its constitution.

Judicial commissioner Choong Yeow Choy said special circumstances warranted the suspension of the Aug 11 ruling, pending the disposal of the union’s appeal to the Court of Appeal.

Choong reminded MTUC that its current officials cannot hold an election until the appeal is heard and decided.

He also said MTUC could conduct day-to-day administrative activities, but no major policy decisions can be made.

“MTUC officials must notify parties who invite them for meetings and events of the High Court ruling, the pending appeal, as well as today’s decision to grant a stay,” he said.

Last year, a group of MTUC’s major affiliates, led by former president Halim Mansor, filed two suits against the then newly elected principal office-bearers, claiming that they had violated the organisation’s constitution in calling for the conference.

The 16 unions sought a declaration that the election was invalid, and an order to stop the 19 new office-bearers for the 2023-2025 term from discussing or changing policy matters pending the disposal of the applications.

The plaintiffs also asked the court to decide whether the matters complained of fall exclusively under the power and purview of the Registrar of Societies for determination.

In his ruling, Choong said the court viewed that the constitutional provisions must be safeguarded, lest the good name and role that an important body such as MTUC plays in the labour movement landscape are tainted and compromised.

Lawyers Francis Pereira and Paramod Nambiar represented MTUC, while counsel Ravi Nekoo appeared for several unions affiliated to the umbrella body.

Pereira said he would be filing a memorandum of appeal soon to state where the judge had erred in law and facts, because the written grounds have been supplied to the parties. - FMT