News
‘Perpetrators of violence should be dealt with under criminal and civil laws’
By Shamindra Ferdinando
Senior Attorney-at-Law Manoli Jinadasa Monday (24) said that illegal acts, such as arson and trespass, couldn’t be vindicated on the basis of ‘trade union’ action, under any circumstances. Thus, the normal law should operate against the perpetrators of such violations, Jinadasa said, adding that they could be dealt with under the criminal law, as well as the civil law, for damages caused.
The lawyer said so in response to The Island query where deliberate ‘actions,’ perpetrated during the protest campaign, that also involved trade unions affiliated to political parties, as well as other groups, such as Government Medical Officers’ Association (GMOA) and Federation of University Teachers Association (FUTA), be dealt with under current laws?
President Gotabaya Rajapaksa was forced out of office, in the second week of July last year. Subsequent violence destroyed the then Premier Ranil Wickremesinghe’s private residence at Kollupitiya. Altogether over 70 houses, belonging to incumbent members of Parliament, were set ablaze.
Asked to explain, the Attorney-at-Law said that FUTA, GMOA and other groups would say that they were involved in ‘Aragalaya’ to protect the rights of their members to safe and secure employment which was under threat due to the breakdown of industry and governance. They would justify their participation in the change of government on the basis of their right to protect the interests of the members.
Jinadasa, with over 28 years of experience specialises in Industrial Law, Constitutional Law, Administrative Law, Contract Law and Commercial Law.
“However, it would be pertinent to ask that though FUTA and GMOA participated in the protest campaign, is there any evidence directly implicating them in illegal activity at the point of the overthrow. It is only illegal activity that will attract punishment,” the outspoken lawyer said.
The Island
raised the issue with Manoli Jinadasa in the wake of her recent interview with Derana 24 in which the top lawyer dealt with ongoing trade union actions, primarily directed at the government and rights of both the employees and employers.
Responding to Derana interviewer Anuradhie Wickramasinghe, she stressed that strike is a legitimate weapon but should be the last option after all attempts to resolve a particular matter failed. Appearing on ‘Law, Land and Liberty,’ Jinadasa explained the nexus between trade unions and political parties represented in Parliament. Likewise, employers could resort to lockouts, Jinadasa said, underscoring the fact that the Supreme Court has upheld the right to strike.
“Strike is a legitimate weapon a trade union has. There is no doubt about it as much as a lockout for an employer. So, you have strike action for the employees and lockouts for the employer. That is how it goes, Jinadasa said.
Referring to ILO Conventions and comparing them with the relevant domestic laws and regulations, Jinadasa discussed the denial of trade union rights to judicial officers, armed forces, police and prison officers here. In terms of the ILO Conventions, Sri Lanka has ratified over the years, no one could be deprived of trade union rights though the situation on the ground is different, she said.
Having dealt with the origins of trade union activity, both here and abroad, Jinadasa asserted that the nature of trade union strategies had changed. She dealt with several specific issues, including the widely practiced ‘sick note campaign’
“Now the morality of that kind of strike is a subject matter for discussion because especially for professionals such as medical, legal or teaching professions. What we are doing is presenting a note which is false because you are not sick,” Jinadasa said. “It is the view even of the Supreme Court. There were judgments to the effect that submitting false medical certificates is not an acceptable form of a strike.”
Jinadasa recalled a judgment delivered by the late Justice Mark Fernando in respect of termination of employment over submitting of false medical certificates and going on ‘sick note campaigns’. The case referred to was Bandara vs Ministry of Lands. Fernando was quoted as having declared…”the President’s Counsel for petitioners contended with little enthusiasm that submitting false sick notes and medical certificates was a legitimate trade union action as part of the work to rule campaign. I have equally little hesitation in rejecting that contention. The court will not condone the conduct of an employee who lies or otherwise deceives his employer as to the reason for his failure to work whether individually or collectively.”
Jinadasa strongly questioned the despicable practice of teachers submitting false medical certificates against the backdrop of students having to prove valid reason in case they didn’t attend classes conducted by those who falsely fell sick. Such actions couldn’t be acceptable under any circumstances, she said, explaining the stand taken by courts as regards the deliberate reduction of output. Courts have held such actions illegal, she said. To highlight the illegality of such trade union strategies, Jinadasa recalled the fundamental rights action filed by the Joint Apparel Manufacturers Association against relevant trade union for bringing down the output by 60 percent. The court held in their favour, she said.
However, work to rule campaign is a legitimate form of trade union action, she declared.
Responding to another query, Jinadasa said that collective agreements facilitate better relations between employees and employers. Commenting on a person’s right to strike, Jinadasa, while referring to the late justice Sharvananda, said that he held that one couldn’t invoke fundamental rights for strikes. “One can invoke fundamental rights if he/she is prevented from joining a trade union, but not for strikes.” She gave several instances where courts have rejected such applications.
News
President proposes; Speaker disposes
AKD’s request to Harsha:
Speaker Dr. Jagath Wickramaratne has frustrated an attempt by Chairman of the Committee on Public Finance (CoPF) Dr. Harsha de Silva, MP, to intervene to settle the continuing dispute over the appointment of a new Auditor General.
Dr. De Silva yesterday told The Island he had recently written to all members of the Constitutional Council (CC) drawing their attention to the urgent need to address the issue at hand. The AG’s position remains vacant since 08 Dec, 2025. AG W.P.C. Wickremanayake retired in April and since then there have been a couple of Acting appointments. The CC has declined to endorse any of President Dissanayake’s nominees as the AG.
Asked whether he had taken up the issue with the CC following President Anura Kumara Dissanayake soliciting his support in this regard, MP de Silva said that he had written to CC members as agreed with the President.
The former UNPer and one-time State Minister said: “I did so, giving due respect to CC’s independence, underscoring the critical importance in them working with the President to resolve the crisis. I alluded to the need to have transparency in public financial management during this post-cyclone period where large amounts of funds are being transacted on multiple fronts, both domestic and foreign.”
Responding to another query, Dr. De Silva emphasised that he had clarified that the President must send the names of qualified and experienced persons to the CC for consideration. “However, these letters were returned to me by the Speaker, without being delivered to members of the CC. The Speaker didn’t give an explanation. Thus, except for members who are MPs who had been copied via email by my committee office, others never received my letter of concern. Even though I questioned, in Parliament, the basis of his refusal to forward my communication to the members of the CC of which he is Chairman, no answer was given.”
The CC consists of Dr. Jagath Wickramaratne, Speaker and Chairman of the 10-member body. Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, and three civil society members namely Dr. Prathap Ramanujam, Dr. Dilkushi Anula Wijesundere and Dr. Dinesha Samararatne. None of the President’s nominees could obtain CC’s approval as all of them were rejected by the CC.
The present CC was introduced by the 21st Amendment to the Constitution which was endorsed on 31 October 2022.
Both the Bar Association of Sri Lanka (BASL) and the Transparency International Sri Lanka Chapter recently requested President Dissanayake, in writing, to propose a suitable person to the post of AG. The BASL, in another statement that dealt with the forthcoming vacancies in the CC due to three civil society members completing their terms, declared its concern over possible attempts by the President and the NPP government to fill the vacancies with rubber stamps.
The three civil society members will complete their terms on 18 January. In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary. The Chairman presides at all meetings of the CC and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition presides at the meetings of the CC.
Asked whether the CC could be disrupted due to the end of civil society members’ terms, an authoritative official pointed out that in case new appointments were not made the current members could continue.
The Parliament has not so far called for applications to fill the forthcoming vacancies.
by Shamindra Ferdinando ✍️
News
Sri Lanka loses Rs.7.5 bn due to coal tender irregularities: FSP
The NPP government’s coal procurement process has once again come under scrutiny following allegations by the Frontline Socialist Party (FSP) that substandard coal has been imported for power generation and that tender procedures were manipulated to favour a specific supplier.
Addressing the media after a party meeting in Maharagama on Saturday, FSP Education Secretary Pubudu Jagoda said a test report issued by the government laboratory at the Lakvijaya Power Plant had confirmed that the latest coal shipment unloaded in Sri Lanka did not meet the required quality standards. According to the report, the coal’s calorific value ranged between 5,600 and 5,800 kilocalories per kilo, below the 5,900–6,200 kCal/kg range specified in tender requirements.
Jagoda warned that lower calorific value coal would require higher volumes to generate the same amount of electricity, increasing costs significantly. Preliminary estimates, he said, indicated an additional financial burden of around Rs. 7,500 million, which might eventually be passed on to consumers through higher electricity tariffs.
The FSP also accused the government of tailoring procurement rules to benefit the Indian supplier, which has deposited bonds for long-term coal supply for the upcoming season. Jagoda alleged that tender conditions had been altered to accommodate the company, pointing to changes in coal reserve requirements. Under the 2021 Sri Lanka Coal Registration Document, suppliers were required to maintain a minimum reserve of one million metric tonnes with a gross calorific value of 5,900 kCal/kg. This threshold, he said, had been reduced to 100,000 metric tonnes in the 2025 document which is a 90% reduction raising serious concerns.
He further cited past allegations against the Indian company, including findings in a 2016 Auditor General’s report that the company violated procurement guidelines regarding a rice supply contract with Sathosa in 2014. Jagoda also referred to legal issues involving individuals linked to the company, and the suspension of a representative by the International Cricket Council in 2019 over match-fixing allegations.
Beyond company-specific concerns, Jagoda criticised what he described as systemic manipulation of the coal tender process. He questioned why the coal tender, typically called in February or March, was delayed until July, despite electricity being declared an essential service. He also alleged that the tender submission period had been progressively shortened from the internationally accepted six weeks to five weeks, and now reportedly to three giving an unfair advantage to suppliers with existing stock.
The Ministry of Energy has recently issued an amended tender to procure 4.5 million metric tonnes of coal for the Lanka Coal Company for the 2025/26 and 2026/27 periods, following the cancellation of an earlier tender.
Jagoda warned that delays and irregularities could lead to coal shortages, higher spot market purchases, increased electricity costs, and even power cuts if hydropower generation falls short. He called for urgent investigations into the procurement process, insisting that the burden of alleged mismanagement and corruption must not be transferred to the public.
by Chaminda Silva ✍️
News
CID summons SJB MP for criticising education reforms
SJB Gampaha District MP Prasad Siriwardhana has been summoned to the CID today (12) for questioning in connection with a statement he made on a private television channel regarding education reforms.
He was earlier asked to report to the CID on 10 January to make a statement. However, as Siriwardhana had notified the authorities that he was unable to appear on that day, he was subsequently asked to come today.
Siriwardhana is one of the critics of the shortcomings of the education reforms introduced by the NPP government.
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