Twenty-seven families of ex-workers of Ladang Bukit Jelutong were spared their homes following a court decision today to set aside the eviction order obtained by plantation giant, Kumpulan Guthrie Berhad.

Kuala Lumpur High Court deputy registrar Basir Abu Shah allowed the ex-workers' application to set aside the order with cost in chambers.

The order would have allowed Guthrie to dispatch a demolition squad to move in on Monday.

Contacted later, co-counsel for the ex-workers, M Manogar, said it was a major victory for them.

"The demolition has been called off. Their homes are safe now. It's a good decision... for once in this case, it is in favour of the ex-workers," he added.

Another obstacle

However, come May 19 the workers have to face another obstacle. This is when their application to set aside the default judgment will be mentioned.

Manogar said the date was fixed for mention and to file the written submission for the defendant's application to set aside the default judgment obtained by Guthrie.

"The court can, during the full trial, consider the case based on its merits. Chances are good because I believe there are procedural defects in how the judgment was obtained," he added.

The ex-workers have repeatedly appealed to Guthrie chairperson Musa Hitam, who is both a former deputy prime minister and Human Rights Commission of Malaysia (Suhakam) chairperson.

On May 6, Guthrie responded by stating its intention to continue talks with the people but no dates have been fixed yet.

Dialogue promised

In a letter to Musa dated May 10, the ex-workers committee welcomed the promise for a dialogue and made several proposals.

It proposed that Guthrie offer the families low-cost houses in Bukit Jelutong or adjacent to it at a reasonable price.

"The present location offered in Subang is too far and should not be a factor that leads to conflict," read the letter.

The committee also proposed for a lump sum compensation for houses previously demolished at short notice.

Other unresolved matters include a proposal to settle the retirement benefits for10 ex-workers, a site for a church that was demolished earlier, temple and school issues and sufficient time to move to an agreed location.

Committee member, V Vani, said they were happy with today's decision.

"But more importantly, the default judgment on May 19 must be set aside if we are to live with some peace of mind again," she said when contacted.

Social activist, S Arutchelvan, said about 60 people had gathered at the court in the morning.

"Each ex-worker carried a piece of A4 paper appealing against demolition. The police were called in later but they allowed the paper-holding provided there was no shouting of slogans."

At press time, Guthrie officials were in a discussion following the court ruling and could not be reached immediately.

Ambiga Sreenivasan is lead counsel for the Bukit Jelutong ex-workers while Guthrie was represented by three lawyers from Skrine & Co.