fundamental rights cases in sri lanka

SURANGANIE MARAPANA v. THE BANK OF CEYLON AND OTHERS | 1997 3SLR 156

The petitioner had an unblemished record of 25 years of service at the Bank of Ceylon. She was fully qualified and had received special training in Banking Law and practice and allied subjects in London, Italy and Singapore. She was the Chief Legal Office of the Bank from 1.11.88 during which period she had enhanced the efficiency and streamlined the functions of the Legal Department. As she was to reach the age of 55 years on 27.11.96 she applied to the Bank on 25.5.96 for an extention of service for…

SMITHKLINE BEECHAM BIOLOGICALS S.A. AND ANOTHER v. STATE PHARMACEUTICAL CORPORATION OF SRI LANKA AND OTHERS | 1997 3SLR 20

Offers were invited worldwide by the State Pharmaceutical Corporation on behalf of the Director of Health Services for the supply of Rubella Viral Vaccine. There were five offers. Of them, SmithKIine Beecham Biologicals S.A. Belgium (fourth lowest tenderer) was the only person who had made a responsive bid conforming with the tender document at the relevant date. In particular, its product had been registered with the Cosmetic Devises and Drugs Authority of Sri Lanka, which was a requirement of the tender conditions. It was also a past supplier; and there…

KARUNADASA v. UNIQUE GEM STONES LTD., AND OTHERS| 1997 1SLR 256

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…

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…

PRIYANGANI 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…

GUNARATNE 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…

BENNETT 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,…

JAYAWARDENA 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…

W. 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.…

JAYASINGHE 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…