High Court judge Hadhariah Syed Ismail, who called Vijayapal’s second dismissal by PSC in 1999 “unjust and unfair”, ordered the club to pay him RM30,000 as 12 months backdated wages as permitted under the law as well as RM3,000 in costs.
Speaking to FMT later, Vijayapal said he was relieved over the court’s decision.
“Justice has finally been served,” an elated Vijayapal said when met outside the courtroom.
The decision by Hadhariah today was in relation to a motion for judicial review filed by Vijayapal in October last year.
According to the facts of the case, Vijayapal joined the club in 1987 as restaurant captain. However, in 1989, PSC terminated his service after the club contracted out the restaurant operation to private caterers.
Unhappy over his dismissal, Vijayapal filed his case with the Industrial Relations Department. It eventually went to the Industrial Court which decided in his favour on Dec 23, 1994.
On April 24, 1995, the High Court affirmed the Industrial Court’s decision, following an application for judicial review by PSC.
However, the PSC appealed to the Court of Appeal which heard the case on Oct 10, 1996, allowed PSC’s appeal on the same day and set aside the award given to Vijayapal.
Vijayapal took his case to the Federal Court on Nov 9, 1996.
Before the apex court made its decision, he was re-employed on new terms. PSC, in a letter dated Dec 1, 1997, stated that he could work as bar captain in PSC until his appeal was heard.
However, Vijayapal claimed PSC went back on its word in January 1999. In a letter dated Jan 14, 1999, PSC terminated Vijayapal’s service on the grounds that he did not get a stay order from the Federal Court.
He was subsequently dismissed with effect from Feb 28, 1999, but, prior to that, through a letter dated Feb 4, 1999, Vijayapal had appealed to the managing committee of the club to reconsider their decision.
Five days later, the committee replied in a letter stating that the decision was final.
Vijayapal then proceeded to file his case in the Industrial Relations Tribunal the second time and the Industrial Court heard his case concerning the second dismissal in 1999.
In August last year, the Industrial Court dismissed his claim, holding that PSC was justified to terminate the contract of Vijayapal in 1999.
His appeal in the Federal Court was thrown out in 2003, after which Vijayapal filed a motion for judicial review in the High Court here in October last year.
Hadhariah, in quashing the decision of the Industrial Court, held that PSC was bound by the promise it gave to Vijayapal through a letter dated Dec 1, 1997.
“The termination was unjust and unfair as PSC earlier promised to maintain Vijayapal in the service until the Federal Court appeal was heard,” she said after hearing submissions from both parties.
K Simon Murali appeared for Vijayapal while Praveen Kaur Jessy represented PSC.