The Court of Appeal today upheld the Kuala Lumpur High Court's decision last October declaring the warring factions of the National Union of Bank Employees (NUBE) illegal.

The appeal was filed by the faction led by Muhammad Fauzi Shamsuddin. The other group is led by Abdul Jalil Hamid.

Today's decision leaves J Solomon, who is at the core of the controversy surrounding the banking sector union, as the legitimate general secretary as the court ruling brings the situation with the NUBE leadership back to what it was before the open split.

In upholding Justice Raus Sharif's ruling at about noon, presiding Judge Gopal Sri Ram said the three-member bench, together with justices Kadir Sulaiman and Abdul Aziz Mohamad, was not convinced by the appellants' arguments.

"We have listened to the various criticisms made against the decision of the High Court judge. But with due respect to the excellent advocacy of (the counsels), we are not convinced," he told the court.

"We, in fact, think that the learned High Court judge had excellent reasons for making his decision. We, therefore, dismiss the appeal with costs," he added.

Legitimate leadership

The factions have been battling to determine the legitimate leadership of the 28,000-strong member union since 2001, sparked off by the sudden sacking of Solomon from his post.

In 2002, the Director-General of Trade Union (DGTU) endorsed Muhammad Fauzi's line-up of exco members. This prompted Abdul Jalil's group to file for judicial review.

Contacted later, lawyer R Sivarasa - representing Abdul Jalil's group - said the appellate court's decision confirms that the DGTU's 'recognition' of Muhammad Fauzi's group in 2002 was done wrongfully.

"It is a nullity. I hope that now sense will prevail in the DGTU's office and instead of aggravating the conflict, they will concentrate on resolving the dispute between two factions in the interest of the union and members," he added.

Peace broker

Meanwhile, the Malaysian Trades Union Congress (MTUC) is playing peace broker in an attempt to resolve the infighting.

It has organised and had proposed to oversee, with the presence of government representatives, a fresh election to be conducted by a caretaker committee.

The NUBE's calls for the DGTU to order fresh polls have been repeatedly rejected on grounds that he was not empowered to do so.

The umbrella body for the country's trade unions also blamed key officials in the Human Resources Ministry for their incompetence and nonchalant attitude towards resolving the long-standing problem.

On July 7, the High Court will hear the case on the alleged misappropriation of RM1.2 million in union funds filed by Abdul Jalil's group.