The Sarawak government, which was ordered by the Kuching High Court in December last year to issue option letters to employees of the Forestry Department following a corporatisation exercise, has applied for an early hearing of its appeal against the court's recent decision .

"We've been notified of the government's application for the appeal hearing to be heard early, if possible in July this year," Union of Forestry Employees Sarawak (UFES) assistant secretary Zaidi Buang ( photo, left ) told malaysiakini today.

An early date could mean the appeal might be heard in Kuala Lumpur instead of Kuching as the Court of Appeal only travels twice to Sarawak in a year, it is learnt.

Upon an application by Forestry Department assistant conservator of forests Abdul Wahab Hj Abdullah ( photo, right ) who is also UFES president in December last year, Kuching High Court Judge Clement Skinner found it mandatory for the government to issue options to about 1,500 employees of the department whether to join the Sarawak Forestry Corporation (SFC) or remain in public service.

Abdul Wahab and the union had gone to court to apply for a judicial review after the state government informed the union in a letter from the state Attorney-General's Chamber that it (government) was not required to do so.

Within a week

Consequently, the High Court granted the order of certiorari to quash the government decision not to issue the options.

The High Court also granted an order of mandamus to compel the government to comply with Section 16 (1) of the Sarawak Forestry Ordinance 1995 which states that "the corporation shall, on the appointed date, accept into its employment every person who immediately before the date was in the employment or service of the Forestry Department, Sarawak and who was given an option by the government and has opted to serve as an employee of the corporation."

The government and SFC applied within a week after the High Court delivered its decision.

In the written notice of appeal, they said they were dissatisfied with the judge's decision and was appealing 'against that part of the decision where reliefs were granted to the respondents.'

The 1,200-strong union was elated at the decision and in April this year served the orders on the defendants (government and SFC) and immediately thereafter the latter put in an application for stay of execution.

According to Zaidi, the application for stay is set to be heard in chambers in mid May.

"We've no intention to stop it," he said, adding that union and its legal counsel would rather focus on the issues in the affidavits filed by the appellants for hearing.

The SFC was set up under the Sarawak Forestry Ordinance 1995 passed by the state legislative assembly.

600 members now

According to Zaidi, from a total workforce of about 2200, the Forestry Department is now down to below 1000, after absorption by SFC, lay-off of contract staff and transfer to other government departments.

He said of the remaining staff in the department, half of them have accepted deployment to other departments and the other half have not agreed.

"The union now has 600 members after the recent developments," he added.

Asked whether he could tell why the state government had decided to apply for an early hearing of its appeal, Zaidi said the decision was a surprise to the union at first.

"But we figure now that they want the matter settled quickly as there are still many employees left in the department's pay-roll which is costing about RM12 million annually," he added.

The government did not even know what to do with so many employees still left in the department who, according to union officials, "are all awaiting for assignments".

TONY THIEN is malaysiakini 's Sarawak-based stringer.