An application by the ex-workers of Ladang Bukit Jelutong to set aside an eviction order against them was postponed to May 14 by the Kuala Lumpur High Court today.

The order was obtained by land owner Kumpulan Guthrie Berhad on June 6, 2002. The company is embroiled in a legal battle to remove the 27 remaining families of ex-workers from the estate land in Shah Alam.

M Manogar, the lawyer representing the former Guthrie workers, said the postponement was due to an affidavit served by Guthrie's lawyers in court this morning.

He added that deputy registrar Basir Abu Shah who heard the matter in chambers said the hearing will continue once a reply is filed, and set the new hearing date for next Friday.

"They were merely reiterating their right to evict the ex-workers based on the default judgment," Manogar said of Guthrie's fresh affidavit when contacted later.

The ex-workers will file their reply on Monday.

Manogar said they will argue that Guthrie' application for eviction was in itself irregular.

"The eviction order was made ex-parte by a registrar when it should be inter-parte. Furthermore, the order was granted by a registrar and not a judge," he said.

(Ex-parte orders are orders obtained without the presence of the other disputing party, in this case, the ex-workers.)

"Also, why didn't the plaintiff serve us the affidavit before today?"

At least 20 of the affected ex-workers were present in court.

Continue to talk

In an e-mail reply to malaysiakini yesterday, Guthrie's public affairs manager Noor Aizam Aljeffri stated that the company had acted according to the law.

"However, we will continue having dialogues with the ex-workers and the parties concerned to resolve the issue," she said.

"We are trying to look at it (the situation) again but have not set a date yet (for the dialogue). That's all I can say at the moment"

On Wednesday, court sheriffs had scouted the estate, escorted by the police and Guthrie representatives, to record the number of remaining houses and people who are still living there.

Ladang Bukit Jelutong ex-workers have been living in fear for the past few years since the estate was sold to Guthrie, which has earmarked the area for a massive development project.

The people refused to budge until their demands are met, among them, for alternative housing within the vicinity and to be paid fair compensation for the four previous demolitions.