Judge takes Manning to court

SAM MAHARAJ, the former secretary general of the All Trinidad Sugar and General Workers Trade Union, has taken Prime Minister Patrick Manning to court over a decision not to re-appoint him as an Industrial Court Judge. In a judicial review application filed in the Port-of-Spain High Court, Maharaj is seeking a declaration that the decision of the Cabinet not to re-appoint him to the Industrial Court for another three-year term was unlawful, illegal, null and void and of no effect. Maharaj is also seeking an order to direct the Cabinet (of which Manning is head) to act in accordance with the recommendation of the president of the Industrial Court Addison Khan and re-appoint him to the 21-member panel.

The former trade unionist wants a conservatory order to allow him to sit as an Industrial Court Judge. He is also asking for damages. The judicial review case was filed by Garnet Mungalsingh, while Ramesh Lawrence Maharaj SC will argue the application. Maharaj, 65, was appointed an Industrial Court Judge on November 17, 2000. Prior to that there was an advertisement in the daily newspapers in February 2000 inviting applications to fill vacant posts at the Industrial Court. Maharaj submitted his application during the same month. In his High Court application, Maharaj said the president of the Industrial Court was consulted with by the Cabinet. The president of the Court recommended that Maharaj be appointed a member of the Industrial Court — a recommendation which the Cabinet accepted. Since then, Maharaj sat as a member of the panel at the court which determined more than 100 trade disputes. Maharaj delivered 13 of these judgments. On September 15, 2003, Maharaj wrote to the president of the Industrial Court Addison Khan indicating his desire to continue as a member of the court.

Khan informed Maharaj that he had recommended to Cabinet that he be re-appointed for a further period of five years. Not having received a definite response, Maharaj wrote to Khan again, this time on October 23, 2003 inquiring about the status of the application. Maharaj received a reply six days later from Khan confirming that he had recommended to the Cabinet that Maharaj be re-appointed. Khan advised the President of the Republic on November 13, 2003 to permit Maharaj to continue as a judge for three months to complete any outstanding matters. The President extended Maharaj’s tenure for three months from November 17, 2003. His tenure comes to an end on February 17. Maharaj said he was not aware of any instance where the recommendation of the Industrial Court president was not accepted. He said that in 2002, Augustus Ramreker-singh, Lenore Harris and Ruby Thompson-Boddie were ap-pointed to the Industrial Court although no advertisements were placed in any newspaper.

Maharaj pointed out that Ramrekersingh was a former deputy political leader of the PNM, a former PNM Cabinet Minister, and a former head of Cabinet’s sub-committee on Industrial Relations. He said that in December 2003, Deborah Thomas-Felix, Victoria Harragin, and Joy Donaldson-Honeywell, none of whom have experience as members of the Industrial Court, were appointed to the court. In January, trade unionist Gregory Rousseau was ap-pointed a Judge of the Indus-trial Court. By letter dated January 8, Maharaj’s attorneys wrote to Attorney General John Jeremie seeking the status of his position. He said that to date, there has been no reply to his letter.