The Director-General of Trade Union (DGTU) can call for a fresh election to resolve the leadership crisis plaguing the National Union of Bank Employees' (NUBE) if there is a court order, Human Resources Minister Dr Fong Chan Onn said today.

"The Trade Unions Act is silent on this particular situation pertaining to the power of the DGTU to call for election. We fully support the move for a court declaration because that will prevent either faction from obstructing a fresh poll bid," Fong told reporters in Putrajaya.

The Malaysian Trades Union Congress (MTUC), acting as peace broker in the protracted battle between the banking union's two feuding factions, has filed a declaration at the Kuala Lumpur High Court on June 21 seeking a court order specifically empowering the DGTU to call for fresh elections.

Fong said that a new poll is the "best and fastest way" to resolve the three-year-old NUBE crisis and he welcomed MTUC's initiative in filing for the court order as it is a neutral party.

"We (the government) cannot do so because we may be perceived as being biased to either of the factions," he added.

Speaking after a brief meeting with MTUC secretary-general G Rajasekaran and representatives of the NUBE caretaker committee, Fong said the DGTU will immediately call for a fresh poll once the court grants an order.

Last February, about 2,000 NUBE members elected a 20-member caretaker committee comprising ordinary members to fulfill the proposal for a fresh election with the help of the DGTU.

Both factions 'illegal'

Last month, the Court of Appeal upheld a High Court decision that found both NUBE factions to be illegal.

Fong said the Attorney-General's Chambers will be filing an appeal against the decision soon.

"We have 14 days to do so. However, if the MTUC obtains the declaration, then we will withdraw the appeal and proceed to call for a fresh poll as planned."

Rajasekaran explained that a court declaration was also necessary because, based on the Court of Appeal ruling, the terms of the pre-crisis exco line-up had already expired.

"Their terms expired more than two years ago and technically, the union has no legitimate exco right now, which is why the court order is very important to facilitate a fresh election and resolve this deadlock."

The matter will be heard by the High Court next week.