The petitioner was a “Dealer” in petroleum products appointed by the 2nd respondent Ceylon Petroleum Corporation subject to terms and conditions contained in an agreement made on 16.3.1988. He was carrying on business at the Lanka Filling Station, Narahenpita. According to the petitioner, on 12.1.1996 agents of the Corporation arrived at the Riling Station and ordered the employees of the petitioner to leave the premises. On hearing about it, the petitioner visited the Riling Station when he was served with a letter stating that his appointment as a Dealer had…
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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…
Read MoreDISSANAYAKE v. PREMARATNE, INSPECTOR OF POLICE, NUWARA-ELIYA S.C. (SPECIAL) NO. 117/97 WITH S.C. APPLICATION NO. 858/97
On a message sent by the Police, the petitioner called over at the Nuwara-Eliya Police Station at about 3 p.m. on 8.5.1997 with his wife, petitioner in S.C. Application No. 858/97. They were detained at the Police Station until 5.30 p.m. on 9.5.1997 without being produced before a Magistrate when they were released on Police bail. The 1st respondent Inspector of Police and the 2nd, 4th and 5th respondents who were subordinate officers subjected the petitioner to torture on both days. His hands and feet were tied together. A pole…
Read MoreSMITHKLINE 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…
Read MoreCHAMINDA v. GUNAWARDENA, OIC POLICE STATION, KATARAGAMA AND OTHERS S.C. (SPECIAL) NO. 106/97
On 20.02.1997 the Post Master, Central Post Office, Kataragama, made a complaint to the Kataragama Police regarding a loss of monies from the Post Office safe. The petitioner was a messenger attached to that Post Office; but there was no complaint against the petitioner. However, on the same day the 2nd respondent, an Inspector of Police (since dead), arrested the petitioner and took him to the police station. The 2nd respondent questioned the petitioner about the “theft”, slapped him on the left ear and knocked his head on a wall.…
Read MoreSUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS S.C. (SPECIAL) NO. 235/96
On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…
Read MoreKARUNADASA 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…
Read MoreCHANDRASENA 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 MoreABEYWICKREMA v. GUNARATNA AND THREE OTHERS S.C. SPL 93/96.
The petitioner who is a three wheeler driver has taken a passenger on hire; and after arriving at the Police Station with the passenger as requested by him, he was assaulted by the Police taken into custody and produced before the A.J.M.O. According to the petitioner, on 7th July 1996 he has taken a passenger to Ragama on hire and had returned with the said passenger around 7 p.m. The passenger had gone into his place of lodging to bring the money to pay the hire due to the petitioner…
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