Tomorrow will mark the second anniversary of the factional feud to claim leadership of the National Union of Bank Employees (NUBE) - and nothing has changed despite the intervention of the Human Resources Ministry and the court.

The 28,000 strong union has witnessed an unprecedented and very public tussle between the factions led by Muhammad Fauzi Shamsuddin and Abdul Jalil Hamid since Oct 30, 2001.

On that date, then general secretary J Solomon ( right ) was removed from his post and he walked out with his supporters.

He was replaced by Mohd Noor Basir, who is aligned to Muhammad Fauzi's group. This led to a split in the union's leadership and subsequently, attempts at legal arbitration to settle the problems.

In the meantime, complications arose when the Director-General of Trades Union chose to endorse Muhammad Fauzi's exco line-up as the legitimate representatives. Solomon took both parties to court, seeking a declaration that the decision was invalid.

While there were expectations that the Kuala Lumpur High Court would resolve the impasse by deciding today in favour of one of the parties, this was not to be.

Judge Raus Sharif apparently shocked both factions and left them even more confused when he ruled that neither faction had a lawful line-up of office bearers.

In immediate reactions, lawyers for each faction have interpreted the ruling as favouring their respective case.

'Only one group'

At a press conference this afternoon, Muhammad Fauzi ( photo ) and his general secretary Mohd Noor Basir said their claim of legitimacy was based on the fact that the judgment had not touched on the legality of the meeting which had seen Solomon's removal.

"When Solomon was kicked out as general secretary and I replaced him, there was no dispute from any party including the court," said Mohd Noor.

"With the court's decision today, there are no longer two different factions - there's only one legitimate group now and it is led by Muhammad Fauzi and Mohd Noor."

Assistant general secretary Jamal Udeen Khan, who was also present, said: "We will go back to the Oct 30, 2001 meeting (to establish legitimacy of this faction's office-bearers), since it had required quorum. Therefore, it was valid."

Muhammad Fauzi's group also took a tough stance over two points that have rankled both sides - the rightful occupation of the union's registered premises, and withdrawal of funds from the bank account since the split.

They insisted that the rival group should immediately vacate the office in Jalan Ampang. (Muhammad Fauzi's group has been operating from borrowed premises in Kompleks Wilayah in Jalan Dang Wangi.)

"We hope (Abdul Jalil's) team will vacate the premises...leave peacefully and let us do our job with respect to the decision made by the court today," Mohd Noor said.

He also said the group should return RM3.5 million that has allegedly been withdrawn from the union's bank account since April last year.

"We want the other team to return all union funds it has used... (it has now been established) they had no locus standi to use money belonging to NUBE members," he added.

To back their demands, two officers from Muhammad Fauzi's faction lodged a police report this afternoon at the Jalan Stadium station, alleging "trespass and misappropriation of funds" by Abdul Jalil's group. This is the second such report lodged.

Solomon, who cancelled a press conference today, is expected to hold one tomorrow.