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DAP Labour Bureau chairman A.Sivanesan said the removal of N.Rajasegaran and
the non-renewal of P.Hariraman’s contract which expired in August had complicated
the Industrial Court hearings.
<p>He urged the ministry to make immediate arrangements to fill the vacant positions
so as to enable the courts to function and hear the cases, many of which have
been pending for years.</p>
<p>"The removal of the chairmen has added to the woes faced by the aggrieved
workers who have been unjustly and unfairly dismissed. Under normal conditions,
these helpless jobless people have to wait for more than a year before their
cases can be heard," said Sivanesan.</p>
<p>He said in a statement today (Sept 15, 2006) the DAP MPs will be raising the
matter at the next Parliamentary sitting, in addition to meeting the KL Bar
Council’s Industrial Relations Committee.</p>
<p>"The removal of Rajasegaran and Hariraman has resulted in them suffering
immeasurable pain and humiliation because of the idiotic and irresponsible action
of those who supported the appointments of the two in the first place,"
said Sivanesan.</p>
<p>He said one wonders why people who were not practising lawyers for the required
seven-year period were apointed to the position of Chairman of the Industrial
Court, when there are thousands of other practising lawyers with sufficient
working experience who could be considered for the appointment to the position
of Industrial Court Chairman.</p>
<p>"The minister must show transparency and let the public know what action
was taken against those responsible for such decisions," said Sivanesan.</p>
<p>The validity of Rajasegaran’s appointment as Industrial Court Chairman on Jan
15, 2004, was challenged by the All Malayan Estates Staff Union (AMESU).</p>
<p>The High Court decided that the appointment was invalid but the Court of Appeal
reversed the decision after Rajasegaran, the Civil Services Commission and the
Government appealed.</p>
<p>AMESU took the matter to the Federal Court which upheld the High Court decision.</p>
<p>However the Federal Court ruled that the awards made by Rajasegaran as the
Industrial Court chairman were unaffected even though his appointment was ruled
invalid.</p>
<p>"Due to public interest, it is doubtful if the awards made by Hariraman,
whose contract is believed was not renewed because he too did not meet the seven-year
requirement, would stand because the Federal Court in Rajasegaran’s case did
not say that in likewise situation the same decision would stand," said
Sivanesan.</p>
<p>The dismissal, he added, further aggravates the situation in the Industrial
Courts in Kuala Lumpur even before the removal of Rajasegaran and Hariraman
as three Industrial Courts were without chairmen and are still waiting for new
appointments.
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com