The Sarawak government and state-owned Sarawak Forestry Corporation (SFC) have given written notice they are appealing against a Kuching High Court's recent decision that it is compulsory to issue option to Forest Department employees following a privatisation exercise.

The notice of appeal was filed for and on behalf of the appellants by the state legal officer Jonathan Jolly on Dec 13, six days after judge Clement Skinner granted an Order of Certiorari, Mandamus and Declaration applied by Assistant Conservator of Forests Abdul Wahab Abdullah who is also president of the 1200-strong Union of Forestry Employees (UFES).

The notice of appeal said the state government and SFC were dissatisfied with the judge's decision and was appealing against 'such part of the said decision' where reliefs were granted to the respondent.

The judge granted an Order of Certiorari to bring up, cancel and squash the government's decision not to issue the option to Abdul Wahab and to all employees of the Forest Department.

He made a declaration that under Section 16 of the Sarawak Forestry Corporation Ordinance , 1995 it is mandatory for the government to issue option to all employees of the department who are in the employment of the department immediately before January 1, 1998.

Not surprised

The High Court also made an Order of Mandamus ordering or directing the government or to compel the government to comply with Section 16 of the Ordinance and/or to exercise its duty to issue the option to Abdul Wahab and all other affected members of UFES under Section 16 of the Ordinance.

Meanwhile, Abdul Wahab, confirming that the legal firm Abdul Rahman & Partners had given him a copy of the notice of appeal told malaysiakini he was the least surprised with the appeal.

"As I said before, we're prepared to take our case to the highest court, if necessary, to ensure that the right thing is done in the interest of our members and the department's employees," he added.

The union has within the last four years been fighting to ensure that the department's employees if all categories do not lose in any way following the corporatisatio/privatisation exercise.

Most of the major functions of the department have been taken over by SFC which in turn has appointed Sarawak Forestry Corporation Sdn Bhd as contractor/sub-contractor to undertake similar functions.

Nothing to do

About 200 or more of the department's employees have been absorbed into SFC Sdn Bhd.

The union's contention is that department's employees, if they are moved from a department to a private entity, will be considered to have retired from public service, as provided for in the Pension Act and will not be able to go back to the department.

"This is our genuine concern," he said.

Presently, many of the employees are still left in the department "without anything to do" while the government and SFC decide on what to do next.

According to Abdul Wahab, a few hundred employees have already been 'terminated' or 'retrenched.'

Officials acknowledge that if the matter is not handled carefully by the authorities it could become an explosive one, with union officials preparing to go the full length to fight for their rights, with support from MTUC and even the International Labour Organisation.

"But we prefer to resolve the problems among ourselves within our country," he added.

TONY THIEN is malaysiakini 's Sarawak-based stringer.