A second judge has abstained from hearing a request by the Ministry of Education for a court order to stop industrial action by the teachers' unions.

The  Malta Union of Teachers and the Union of Professional Educators had declared an industrial dispute over the manner how peripatetic teachers were redeployed to plug a shortage of teachers in primary schools.

The case was originally assigned to Mr Justice Robert Mangion who last week upheld a request for recusal in view of the fact that his wife is a member of one of the unions involved.

The case was re-assigned to Mr Justice Toni Abela but lawyers assisting the MUT declared in court on Tuesday that the judge's wife is registered as a member of the union.

Mr Justice Abela said he would abstain, in view of this information and also on the basis of the principle that justice must not only be done but must be seen to be done. 

Meanwhile since last week’s first hearing, little progress appears to have been made in talks between the parties, lawyers said in court, explaining that those discussions “have not been fruitful.”

Lawyers James D’Agostino and Dennis Zammit assisted the education ministry.

Lawyers Keith Borg and Rebecca Mercieca assisted the MUT.

Lawyers Marion Camilleri, Franco Debono and David Camilleri are assisting the UPE.