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
‘Vision’ Programme Marks Two Years
Marking the completion of two years of the ‘Vision’ Programme, students from Pinnawala Central College and Matale Siri Seevali College were given an opportunity on Thursday (24) to visit the Presidential Secretariat.
The ‘Vision’ Programme was launched for schoolchildren jointly by the Presidential Secretariat, the Ministry of Education and the Department of Communication of the Parliament of Sri Lanka.
Following a visit to the former Parliament building at the Presidential Secretariat, the students were also briefed on the history of Parliament.
The role of the President’s Fund and its importance to schoolchildren were explained by Senior Additional Secretary to the President Roshan Gamage.
The ‘Vision’ commemorative book, featuring the two-year journey of the ‘Vision’ Programme and its special activities, was also presented to the participating schools.
As part of the programme, valuable plants were also presented to the schools as a symbolic gesture underscoring the importance of environmental conservation.
Director General of Public Relations Dharmasiri Gamage, the Director and Assistant Director of the Tri-Services Security Coordination Unit, the principals and teaching staff of Pinnawala Central College and Matale Siri Seevali College, and students were among those present on the occasion.
President’s Media Division (PMD)
News
Sajith vows to scrap 22A under future govt.
Opposition and SJB Leader Sajith Premadasa yesterday vowed that an SJB government would repeal the 22nd Amendment (22A) to the Constitution.Premadasa made the pledge while addressing thousands of SJB supporters who gathered near Parliament to protest against 22A.
Addressing the rally at Polduwa Junction, Battaramulla, Premadasa said the proposed constitutional amendment would undermine democracy and judicial independence and enable the concentration of political power in the Executive.
“Even if they pass it, under an SJB government we will scrap it,” Premadasa told the gathering, claiming that 22A was aimed at paving the way for a one-party state and placing the State under the control of a single political party.
Braving the rain, Premadasa said they had gathered there peacefully and had no intention of resorting to violence.
“We have gathered here to protect democracy,” he said, challenging the government to hold Provincial Council elections if it was confident of facing the people.
Premadasa said the SJB was prepared to work with any democratic and clean political force committed to the country’s progress and public welfare, amid ongoing discussions on cooperation among Opposition parties, including the United National Party.
Premadasa also accused groups aligned with the government of attempting to discourage people from attending the protest through statements and other measures.
SJB General Secretary Ranjith Madduma Bandara said the protest had been organised against the proposed amendment, which the party had opposed on the grounds that it could pave the way for authoritarianism.
The demonstration began around 9 a.m. at Polduwa Junction and coincided with Parliament taking up the proposed 22nd Amendment for debate. Proceedings on the Bill are scheduled to continue today (25).
The Supreme Court has determined that the proposed amendment does not require approval at a referendum and could be passed with a special majority in Parliament.
Meanwhile, traffic congestion was reported on roads surrounding Parliament and Polduwa Junction following the demonstration.
Security was also tightened in and around the Parliamentary complex, with a heavy police presence observed at Polduwa Junction and near the main entrance to Parliament.
News
Two retired female Navy officers remanded over disappearance of two women during war
Two retired female Navy petty officers were ordered to be remanded until October 5 over their alleged involvement in the abduction and disappearance of two women in Trincomalee during the war.
Trincomalee Chief Magistrate M.S.M. Samsudeen yesterday ordered that the two suspects be remanded and directed that they be produced for an identification parade on October 5.
The suspects, residents of Chilaw and Haputale, were arrested after appearing before the CID in connection with another court case. They were subsequently produced before the Trincomalee Magistrate’s Court.
The court was informed that the investigation concerned the alleged abduction of Sasikumar Thenmoli and Mary Delsia, residents of Paalaiyootru, Trincomalee, on or around May 13, 2008.
The CID told court that information uncovered during its investigations indicated that the two women had allegedly been detained at an underground location known as the “Gun Site” at the Trincomalee Naval Base while the two suspects were serving in the Navy. The women were subsequently reported missing.
Further investigations into the alleged abduction and disappearance of the two women are continuing.
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