The Commissioner of Labour (2nd respondent) acting on the recommendation of an Assistant Commissioner (3rd respondent) to whom he had delegated the power to hold an inquiry, as permitted by Section 11 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, held that the termination of services of the appellant workman was contrary to Section 2(1) of the Act and ordered his reinstatement with back wages. The 2nd respondent failed to give reasons for his decision, though requested by the 1st respondent employer. No material…
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CHANDRASENA V. KULATUNGA AND OTHERS |1996 2SLR 326
The Petitioner, a trained teacher ‘complained that he was transferred from Puttalam Regional Education Office to the Nikaweratiya Regional Education Office, in the middle of the year, with only 6 days notice, ‘without valid reasons or cause and in an arbitrary, malicious and capricious manner, subjecting him to selective hostile discrimination*. The Petitioner averred that no other teacher in North – Western Provincial Council had been transferred in this manner. The 3rd Respondent (North – Western Provincial Director of Education) claimed that the transfer was on disciplinary grounds, with the…
Read MorePRIYANGANI V. NANAYAKKARA AND OTHERS | 1996 1SLR 399
Petitioner, a Primary school teacher completed a five year period at a school classified as a difficult school and applied for and obtained a transfer to a school close to her husband’s home in February 1995. On 29.06.95 she received a letter dated 13.06.95 issued by the 2nd Respondent the Director of Education of the Puttalam Zone of the North Western Province (NWP) transferring her back to the old difficult school with immediate effect. Also no travelling expenses were to be paid. Transfers within the NWP were governed by a…
Read MoreGUNARATNE AND OTHERS V. CEYLON PETROLEUM CORPORATION AND OTHERS | 1996 2SLR 315
For many years before 1994 the 1st Petitioner had – as an individual – a Dealership Agreement together with the requisite authority under section 5 E of the Ceylon Petroleum Corporation Act, No. 28 of 1961 as amended (by Act No. 5 of 1963) for running a filling station for the sale, supply and distribution of petroleum. The same filling station was taken over by the petitioners in partnership on a Dealership Agreement signed by the Petitioners on 23.3.94 and by 1st Respondent on 26.10.94 and the petitioners were granted…
Read MoreBENNETT RATHNAYAKE v. THE SRI LANKA RUPAVAHINI CORPORATION AND OTHERS | 199 2SLR 93
The petitioner produced a Sinhala telefilm entitled “Makara Vijithaya” at a cost, he said, of Rs. 2.3 million. The 1st respondent Corporation refused to telecast the petitioner’s telefilm during “prime time” for telefilms of that type, viz between 8.30 pm and 9.00 pm on Mondays, Tuesdays and Thursdays. The telefilm was reviewed on three occasions by different boards. On each occasion the decision was adverse to the petitioner. But he was not told who the members of the board were, how they had been appointed, what procedure they would follow,…
Read MoreJAYAWARDENA v. DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS| 2001 1SLR 32
The petitioner was an Inquirer into Sudden Deaths, Gampaha, appointed to that office by the then Minister of Justice by his letter dated 13.12.1993 for a period of 3 years from 01.12.1993. He complained that the 1st respondent (Secretary, Ministry of Justice) purported to cancel his appointment with effect from 31.05.1995 by a letter dated 26.5.1995 written by the Is1 respondent; that by another letter dated 26.5.1995 the l 31 respondent informed the 3rd respondent that the 2nd respondent (Minister of Justice) had appointed the 3rd respondent as the Inquirer…
Read MoreW. K. C. PERERA v. PROF. DAYA EDIRISINGHE AND OTHERS | 1995 1SLR 148
Under the Rules “Advanced Drawing” was not a main subject for the final examination for the Degree of Bachelor of Fine Arts. Where the Rules are clear and unambiguous it is impermissible and unnecessary to refer to the Examination Criteria in order to interpret the Rules. For a student who has selected Design, “Advanced Drawing” is a subject but not a “Main subject”. In respect of a student who selected Design the only requirement for an ordinary pass is that she should obtain an average of 40% in the examination.…
Read MoreJAYASINGHE v. THE ATTORNEY GENERAL AND OTHERS | 1994 2SLR 74
The petitioner was a storekeeper employed by the 2nd respondent (Colombo South Co-operative Society). He was interdicted by letter without a stated reason and without pay. It was known that he was alleged to have been responsible for shortages at four places where he had worked between 16.3.94 to 16.9.77. No charge sheet was served on him for 14 years until 1.1.92. The disciplinary proceedings were concluded only in August 1994 after the court had given leave to proceed. By letter dated 2.9.94 he was informed that his services were…
Read MoreGAMINI DISSANAYAKE (PETITIONER IN SC 4/91) v. M. C. M. KALEEL AND OTHERS | 1993 2SLR 135
Eight Members of the United National Party who were also members of Parliament singly filed eight petitions bearing numbers SC 4 – 11/91 challenging their expulsion from the Party. The respective petitioners in applications No. SC 5/91 and No. SC 8/91 were Ministers of Cabinet rank in the UNP government shortly before their expulsion. The petitioner in application No. SC 9/91 and the petitioner in application No. SC 10/91 were a State Minister and Project Minister respectively in ttie UNP government shortly before their expulsion. The petitioners have filed their…
Read MoreBANDARA AND ANOTHER v. PREMACHANDRA, SECRETARY, MINISTRY OF LANDS, IRRIGATION AND MAHAWELI DEVELOPMENT AND OTHERS | 1994 1SLR 301
The 22 petitioners along with 15 others were selected to follow a four-year residential course leading to the award of a Bachelor’s degree in the Surveying Service. Only Class III, Grade III Surveyors were eligible to follow this course. The 1st respondent issued letters of appointment appointing them as Surveyors in Class II Grade III on probation for a period to be notified (but not notified). Shortly thereafter the petitioners became members of the Government Surveyors’ Association, a Trade Union. The Annual General Meeting of the Association was held on…
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