The Human Resources Ministry's plan to place the Industrial Court under the civil system has ruffled the feathers of some legal eagles.

It has evoked concern that this 'court of equity' will be turned into a dumping ground for senior judicial and legal service officers.

Bar Council Industrial Court Practice committee chairperson Roy Rajasingham said he believes there is more to the proposal than meets the eye.

"By default, the move will change the structure of the Industrial Court altogether. The president and all the chairpersons will eventually be replaced by the judicial and legal service officers," he said.

"In fact, most of the chairpersons engaged on contract basis may probably not get their contracts renewed."

He stressed the importance of not turning the Industrial Court into "another government department or extension of the civil system".

"(If the plan goes through), it will be a division of the civil court structure just like the commercial division of the High Court.

"The Industrial Court ought to remain an independent body and not part of the judiciary, otherwise this would be contrary to the principles of separation of powers."

Yesterday, Human Resources Minister Dr Fong Chan Onn said the move, excluding changes to the Industrial Court's characteristics as a court of equity, would reduce backlog and ensure the security of tenure for the chairpersons.

Fong said judges instead of chairpersons - whom he described as lay persons well-versed in labour issues - would do better in heading the Industrial Court and to clear the case backlog. He said they would also be able to retire at 65, similar to members of the judiciary.

The minister is expected to call for a meeting with the Bar Council, Malaysian Trades Union Congress (MTUC) and Malaysian Employers Federation once the draft on the proposed changes is completed.

'Promotion exercise'

Roy, however, strongly disagreed with the simplicity of Fong's justification.

"All of the 21 serving chairpersons, including the president, are qualified persons who have had several years of practice as lawyers or who have been appointed as cadre officers from the judicial and legal service," he said.

"The mere changing of name from chairperson to judge seems to suggest that he (Fong) would like to see the Industrial Court function as an arm of the judiciary so that persons appointed as judges could then immediately join the mainstream of the judiciary through a promotion."

At least 10 serving chairpersons are from the Bar. The rest are members of the judicial and legal service.

Section 23A of the Legal Profession Act 1976 states that a lawyer with seven years standing or a judicial and legal service officer can be appointed as an Industrial Court president or chairperson.

The case backlog at the Industrial Relations Department currently stands at 6,000 cases while there are close to 1,000 cases pending before the Industrial Court.

When contacted, a senior lawyer, speaking on condition of anonymity, said the move "smells fishy".

"It is an open secret that there are a lot of frustrated officers in the Attorney-General's Chambers and within the judicial and legal service," said the lawyer.

"The plan seems to provide positions for a much-needed promotion exercise which would help assuage unhappiness among the really senior officers."

'Fear dispelled'

MTUC secretary-general G Rajasekaran said he accepted Fong's explanation about judges heading the Industrial Court.

"We accept the idea provided it remains a separate entity (from the civil system). Hopefully this will promote greater respect for the chairpersons and enhance efficiency," he said.

"For example, the Industrial Court chairperson in Sarawak had heard over 40 cases since his appointment three years ago but has yet to write a single award."

Rajasekaran said the ministry, upon being informed about the matter early this year, has already taken it up with the chairperson.

An advantage of having the Industrial Court headed by a judge is the elimination of the single tier of the appeal process.

"The judges presiding over cases would be of the same level as a High Court judge. This makes sense as we can skip one level of the appeal stage."

Industrial Court awards that are challenged will have to enter the civil system through the High Court before subsequently going through the Court of Appeal and the Federal Court.

Rajasekaran said Fong had given his assurance that the characteristics of the court of equity will remain intact.

"The whole idea is for ordinary workers, union leaders and officials to be able to walk in there and represent themselves or their members. It is for ordinary people to seek justice without being hampered by rigid rules," he said.

"With that clarification, our fear has been removed."