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Parliament to give more powers to Labour Tribunal Presidents

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Commissioner General of Labour, Prabath Chandrakeerthi explaining the provisions of the Industrial Disputes (Special Provisions) Bill to the Ministerial Consultative Committee

Parliament will take up for debate this week the Industrial Disputes (Special Provisions) Bill to give more powers to the Presidents of the labour tribunals as Additional Magistrates “to hear, try, determine and dispose of all suits or prosecutions under the provisions of specified enactments and for matters connected therewith or incidental thereto.”The decision to take up the Bill for debate was made at the last Ministerial Consultative Committee on Labour and Foreign Employment held at the parliamentary complex recently with Minister Manusha Nanayakkara presiding, Parliament sources said.

 The new Bill, published in the Gazette dated April 8 2022, has provisions enabling the President of a labour tribunal to act as an Additional Magistrate and vesting him with power and authority to hear, try, determine and dispose of cases in a summary way “by virtue of the provisions of the Code of Criminal Procedure Act, No. 15 of 1979 in relation to the enforcement of any award made by any arbitrator or industrial court or any order made by the labour tribunal under the provisions of the Industrial Disputes Act (Chapter 131) or any decision of the Commissioner or recovery of payment upon a certificate issued by the Commissioner or implementation of the provisions of the specified enactments.

“The provisions of the Code of Criminal Procedure Act, No. 15 of 1979 and Evidence Ordinance (Chapter 14) shall apply to and in relation to the procedure to hear, try, determine and dispose of the suits or prosecutions before the labour tribunal,” the bill says.

Commissioner General of Labour Prabath Chandrakeerthi, explaining the provisions in the Bill said that currently cases where an employer terminated the employment of an employee are heard by a labour tribunal as per the provisions of existing Industrial Disputes Act. With regard to the cases pertaining to disputes on Employees’ Provident Fund, wages, other terms and conditions, litigation takes place at the Magistrates’ Courts. At present there are more than 16,000 cases that have been filed before about 80 Magistrate Courts countrywide. This limitation causes a delay and aggrieved parties are at a disadvantage because of the delayed justice. The dispute resolution process could be expedited if the presidents of labour tribunals give more powers to hear such cases. There are 37 established labour tribunals countrywide.

Minister Nanayakkara’s predecessor incumbent Minister of Ports, Shipping and Aviation Nimal Siripala de Silva, Deputy Chairman of the Committees, Angajan Ramanathan and MP Jagath Pushpakumara and officials from the Ministry of Labour and its statutory bodies were present at the meeting.



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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