A group of Indian nationals, caught in a labour dispute with their employer have become 'refugees' at a Sikh temple in Jalan Temenggung, Malacca, after their employment was terminated on Aug 12.

On Aug 13, their employer Technointan Holding Sdn Bhd had tried to force the 38 men into a bus to the Kuala Lumpur International Airport in order to have them deported but they managed to escape.

Contacted today, Technointan - a concrete piles manufacturer based in Durian Tunggal - refused to comment on the allegations until the matter goes to court.

The workers, all production operators, were allegedly shown the cancellation of their work permits by the immigration department and their plane tickets back to India.

They are now depending on charity for their daily meals and needs, said lawyers handling the case who received their complaints on the same day.

The company allegedly breached the contractual terms - including monthly salary of RM600, six-day week, overtime claims, an undertaking to pay the work-pass charges and levy, and that the workers' passports would not be withheld without their consent.

Lawyers' request

The Bar Council legal aid centre in Malacca said the workers complained that they had been paid a daily wage of RM23 since starting work in February and that they did not get a six-day week nor paid overtime claims.

Malacca Bar legal aid committee chairperson Nor Hisham Nor Hashim said in a statement that the company had also deducted RM120 monthly from each worker as a levy.

He said prior to any deductions from the salaries of the workers, a written approval must be obtained from the labour department.

"We requested the company to restore the original terms of the employment contract, pay the arrears in wages and refund the levy charges which were deducted for the past six months," he said.

Another lawyer handling the case, Jaspal Singh, said officers from the labour department, Chief Minister's office and the immigration department had visited the workers at the temple last week. State MIC leaders had gone there as well.

He said initially the group comprised of 38 workers from Punjab and Andhra Pradesh but some have since left the temple.

"We were told that 11 workers have returned to the company and started work," he said, adding that the centre has received similar complaints from two other workers.

'Breach of contract'

DAP secretary-general Kerk Kim Hock ( right ) said Human Resources Minister Dr Fong Chan Onn should immediately intervene to resolve the dispute.

Kerk, who is Kota Melaka MP, said he had visited the workers at the temple last Friday.

"I made enquiries with the Indian High Commission and was informed that since 1999, they had blacklisted about 150 companies for breach of contractual terms," he said in a statement.

"I am appalled by such a large number of allegations. Such incidents will definitely affect the country's image, especially when such alleged unfair treatment is prominently reported in the Indian media."

He proposed that the government treats the issue with utmost urgency and immediately discuss the recruitment procedures involving workers from India with the high commission to ensure that such "sad and unfair treatment is not repeated".

When contacted, an Indian High Commission spokesperson expressed disappointment with the

government's inaction against parties who treat migrant workers unfairly.

"We have been sending letters and having discussions with the Foreign Affairs Ministry over this matter because this is not the only case. We are handling so many other similar cases," he said.

He said the Indian government has regularly registered its dissatisfaction with the Foreign Affairs Ministry over the unfair treatment of its nationals working in Malaysia, but has not received any response so far.

The spokesperson said that as soon as the commission was alerted about the case, a letter was sent to the ministry last Thursday.

Copies of the letter have been forwarded to the Human Resources Ministry and director-general of the labour and immigration departments.

"We have asked the government to intervene immediately by firstly, restoring the validity of the workers' visas. We have also asked the immigration department to revoke the cancellation of the work passes," he said.

The high commission has asked Technointan to cite its grounds for sacking the 38 workers and to ensure that the workers' work permits are restored.

Late last month, the Bar Council proposed that the government set up a special unit to help foreign workers.

Last week, it urged the Human Rights Commission of Malaysia (Suhakam) to make a stand on the plight of migrant workers and protect their rights in Malaysia.

Last November, a group of 45 Indian migrant workers were offered refuge in a church in Petaling Jaya pending a settlement of a dispute with their former employer who refused to pay for their repatriation or settle outstanding salary payments.