An urgent bid was filed in the Kuala Lumpur High Court today to quash the appointment of former Taiko Plantation group human resources director N Rajasegaran as an Industrial Court chairperson. He is due to assume office on Thursday.

The application for a writ of quoranto (to challenge the legality of an appointment to public office) was filed by the All Malayan Estate Staff Union, which named Rajasegaran, the Public Service Commission and the government as defendants.

Lawyer P Kuppusamy told malaysiakini that the union had also filed a certificate of urgency to seek a speedy trial.

He said that the ex-parte application will be served on the Attorney-General's Chambers as required by the High Court Rules, as soon the court deputy registrar sets a date.

"We couldn't get a date (of hearing) as the deputy registrar was unavailable today. I hope to get the date tomorrow," he said when contacted.

Grounds for application

Kuppusamy said one of the main grounds for the application was the contention that Rajasegaran is "not qualified" for the post.

"My client contends that he (Rajasegaran) is not a qualified person within the meaning of section 23A of the Industrial Relations Act, on the grounds that he has not been in active (legal) practice for seven years preceding his appointment," Kuppusamy said.

The union is therefore asking the court to declare the appointment null and void and to order the government to revoke or rescind the appointment.

Earlier, the office bearers of Malaysian Trades Union Congress (MTUC) had filed a protest with Human Resources Minister Dr Fong Chan Onn, claiming that Rajasegaran's appointment had violated labour laws.

Fong later announced that there was no reason to retract the appointment because Rajasegaran had "fulfilled all the conditions set by the ministry".

During its special convention last Saturday, MTUC passed a resolution to urge the prime minister to review the appointment and thereby prevent the need to take legal action.

Contacted today, MTUC secretary-general G Rajasekaran said a press conference will be held tomorrow to provide more details on the court action.