The Kuala Lumpur High Court has dismissed a judicial review application by the Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Penyelenggaraan dan Pengurusan Sisa Semenanjung Malaysia, affirming the legality of a decision by the Director-General of Trade Unions (KPKS), according to the Human Resources Ministry (KESUMA).
The HR Ministry said the ruling affirmed that the Director-General had acted within the statutory powers and responsibilities provided under the Trade Unions Act 1959 [Act 262], particularly in ensuring that the administration and governance of trade unions comply with legal requirements.
The judicial review arose from the Director-General’s decision dated May 9, 2024, not to register Kamarul Baharin Mansor as the union’s secretary for the 2023-2026 term due to an issue concerning his employment status.
At the centre of the case was whether Kamarul Baharin qualified as a “workman” and was therefore eligible to hold office in the trade union under Section 26(1A) of the Trade Unions Act 1959.
The High Court dismissed the judicial review application and ordered the applicant to pay RM5,000 in costs.
According to the Ministry, the court also ruled that the Director-General’s action was lawful based on the investigative powers provided under Section 4A of the Trade Unions Act 1959.
The ministry said the decision provides important clarification on the statutory powers and responsibilities of the Director-General in regulating trade unions, including determining whether individuals meet the legal requirements for union membership and office.
MOHR added that the judgment also reinforces the principle that freedom of association must be exercised within the framework of the law.
