A judge at the Kuala Lumpur High Court has recused herself from hearing a judicial review application filed by the Malaysia Airline System Employees Union (Maseu) against the administrator of Malaysia Airlines.

Justice Hanipah Farikullah today removed herself from hearing the application as she said she knew the administrator, Mohamed Faiz Azmi.

Maseu filed the judicial review application against Faiz, Malaysia Airlines System Bhd, Maskargo Sdn Bhd, Malaysia Airlines Bhd and the government.

The union filed the legal challenge to nullify the decision by Faiz in not allowing 3,500 former MAS workers who were laid off following a restructuring exercise to bring their termination notice to the Industrial Court.

Maseu filed the action last Aug 20 through the firm of Murugavell Arumugam & Co. The lead counsel for Maseu is a former MAS chairperson, Abdul Aziz Abdul Rahman.

They are seeking permission for a certiorari order to quash the decision made by Faiz on Aug 6, last year not to allow the former workers to bring their case to the Industrial Court, and a mandamus order to compel Faiz to allow them to begin proceedings at the Industrial Court for them to continue the legal process.

They are also bidding to have Section 11(1) (e), 11 (2), 12 (1) and 12 (2), Section 25, Section 33 and Section 34 of the Malaysia Airline System Bhd (Administration) 2015 Act declared as null and void or unconstitutional.

The provisions, they contend, are against Article 4(1) of the Federal Constitution, for violating basic rights for Malaysian citizens under Article 5(1) where no person shall be deprived of access to the law, Article 8(1) on equal protection of the law and 8(2) that there shall be no discrimination against citizens on the grounds of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment, business, profession, vocation and employment.

Alternatively, the union sought the requirement to get written approval from the administrator be declared null and void as it goes against the Industrial Relations Act 1967, Union Act 1959, and Courts of Judicature Act 2012, and it is unconstitutional.

Reacted arbitrarily and beyond powers

Maseu secretary-general Ab Malek Ariff, who affirmed an affidavit, claimed Faiz had reacted arbitrarily and beyond his powers when making a relevant decision, not being objective and the decision was not justifiable, and unreasonable.

“He did not give any grounds or reasons in his decision on why leave or permission was not granted. As there was no reason, Faiz has no reasonable reasons to refuse the application (to grant former workers to initiate the action).

“Hence, I believe and was advised by my lawyers that the decision by Faiz on Aug 6, last year to reject the application for permission to begin the case at the Industrial Court was unlawful,” Malek said.

Alternatively, he added, they are seeking leave that the requirement to get Faiz's written approval under Section 11(1) (e) of the Malaysia Airline System Bhd (Administration) Act be declared null and void as it goes against existing laws like the Industrial Relations Act, Union Act, and the Court's of Judicature Act along with Article 4(1), 5(1), 8(1) and (2) and 162(1) of the Federal Constitution.