…termination of service of 12 workers justified

Labour Tribunal No 10 Holden at Hatton court has directed 12 members of the Ceylon Workers Congress (CWC) to pay Rs. 7,000 each to the manager of Alton estate Sathyamurthy Subashnarayanan, Upper Division, Upcot and the management company Horana Plantation company.

Additional Magistrate V.W. Wijewardena, in a recent landmark judgment declared that the plaintiffs had moved court without any basis thereby causing the respondents unnecessary trouble over a case filed in respect of termination of their services by a letter issued dated March 22, 2021.

Wijewardena said that the compensation was offered in terms of Labour Dispute Act 37 (Industrial Disputes (Special Provisions) Act, No. 37 of 1968) meant to address labour disputes, particularly powers and procedures adopted by Labour Tribunals.

The plaintiffs are Turaisamy Thilagawathi, Neelawarnan Selvanayagi, Gegamohan Satheeswari, Thambusamy Pushpawalli, Sandrabose Swarnadevi, Francis Thresammah, Arthur Parimaladevi, Elumalai Mahendren, Manickawasagar Damayanthi, Raju Mangakleswari and S. Ranjan.

Declaring that they were paid Rs 1,000 each daily, the plaintiffs sought court intervention to obtain their lost pay and reinstatement as members of Alton estate work force. They also requested for any other relief deemed necessary by court.

The respondents told court that a group of about 80 workers, including the plaintiff on the morning of February 17, 2021 had stormed the government bungalow of the estate superintendent causing damage to the property before seizing the estate superintendent Narayanan and assistant superintendent Anushan Theruchelvam. They had been hiding in the bathroom when the workers broke open the door to the room and then the bathroom door, grabbed them, assaulted both mercilessly in the bungalow and outside before dragging them on an estate road. Some of the workers had been armed with knives, the court was told, adding that the attackers poured water mixed with cow dung on estate management officials.

Both management officials had to receive medical treatment as they were attacked with mamoty poles, clubs and brooms. The manager had suffered an injury to his left index finger, the court was told.

Attorneys-at-law Ruwan Dias and Palitha Perera with Rochelle Ariyawansa and Rohitha Rajapakse instructed by A.S.M. Misbha appeared for the respondents whereas union representative Kathiravel for the applicant trade union.

The court also considered the disclosure that a section of unruly workers thwarted the management from dispatching a lorry load of tea to Colombo on February 02, 2021 in the run-up to the raid on the estate superintendent’s bungalow two weeks later. Although the management had managed to dispatch the lorry with the intervention of police, the workers threatened the driver of the lorry and compelled him to turn back. Subsequently, the striking workers had lodged complaints against the estate superintendent and assistant superintendent over an alleged assault on workers leading to their arrest by Hatton police. They had been granted bail after being produced in Hatton Magistrate court.

Although the management and workers reached consensus on resuming work on February 15, 2021 at talks at the office of the Assistant Labour Commissioner, a section of the workers went on the rampage on February 17, 2021 (SF)