
Judicial commissioner Choong Yeow Choy said there were special circumstances that warranted a suspension of the Aug 11 ruling pending the disposal of the union’s appeal to the Court of Appeal.
However, Choong reminded MTUC that its current officials cannot hold an election until the appeal is heard and decided.
He also said MTUC could conduct day-to-day administrative activities, but cannot make any major policy decisions in the interim period.
“MTUC officials must notify parties who invite them for meetings and events of the High Court ruling, the pending appeal, as well as today’s decision to grant a stay,” he added.
Last year, a group of MTUC’s major affiliates, led by former president Halim Mansor, filed two suits against the principal office-bearers elected at the conference, claiming they had violated the organisation’s constitution when calling for the conference.
The 16 unions sought a declaration that the election was invalid.
They also sought an order to stop 19 new office-bearers elected for the 2023-2025 term from discussing or making decisions on policy matters pending the disposal of the application.
The plaintiffs also asked the court to decide whether the determination of matters complained of fall exclusively under the power and within the purview of the Registrar of Societies.
In his ruling, Choong said MTUC’s constitutional provisions must be safeguarded, so that its good name and key role it plays in the labour movement landscape are not tainted or compromised.
Lawyers Francis Pereira and Pramod Nambiar represented MTUC, while counsel Ravi Nekoo appeared for several unions affiliated to the umbrella body.
Pereira said he will be filing a memorandum of appeal soon identifying where the High Court erred in law and on the facts, following the supply of the written grounds of judgment to the parties.