The petitioners complained that the 1st respondent (‘The CWE”) did in violation of their rights under Article 12(1) of the Constitution stopped extension of their services beyond 55 years and purported to retire them from 31.7.2002, by circular dated 21.6.2002(P6). The previous circular dated 14.11.1995(P5) provided for granting of annual extension from 55 until 60 as in the case of the public sector under Chapter V section 5 of the Establishments Code. The reasons given for the new policy decision were: (a) Redundant labour force (b) Heavy losses; and (c)…
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WICKREMASINGIfE c . v – CEYLON PETROLEUM CORPORATION AND OTHERS |2001 2SLR 409
The petitioner had been a dealer in petroleum products from 1949 at premises No. 267 Galle Road, Colombo 4 when the said premises were with the British owned Shell Company until the same vested with the 1 * respondent Corporation in 1964 under the Ceylon Petroleum Corporation Act after which the business was continued on an Agreement with the Corporation. The Agreement of Dealership could be terminated either without notice on the ground of defaults on the part o f the dealer or by either party giving 3 months notice…
Read MoreDAYARATHNA AND OTHERS v. MINISTER OF HEALTH AND INDIGENOUS MEDICINE AND OTHERS | 1999 1SLR 393
By notification in the Gazette dated 10.05.1996 the Ministry of Health called for applications from persons desirous of following a course of training leading to the award of the certificate of competency as Assistant Medical Officers. Fifteen petitioners who were eligible for enrolment to follow the course of training applied in response to the notification and sat a competitive examination conducted on 27.12.1996; and they were so placed on the results of the examination as to be qualified to follow the course of training. According to the scheme published in…
Read MoreANURA BANDARANAIKE v. W. B. RAJAGURU, INSPECTOR-GENERAL OF POLICE AND OTHERS | 19991SLR 93
On 12. 02. 1997 at about 2.15 am the 2nd respondent Deputy Inspector-General of Police, Criminal Investigation and the 3rd respondent Deputy Director, Criminal Investigation entered the petitioner’s residence without a warrant or the petitioner’s permission purporting to act under sections 24 and 25 of the Code of Criminal Procedure Act on the basis that they had “reason to believe” that a murder suspect – one Punchi Nilame had entered the premises. Those respondents stated that they acted on the instructions of the 1st respondent Inspector-General of Police who had…
Read MoreKARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157
The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…
Read MorePREMARATNE v. UNIVERSITY GRANTS COMMISSION AND OTHERS | 1998 3SLR 395
The petitioner had been admitted at first to the University of Sri Jayawardenapura on the result of the GCE ‘A’ Level examination 1978, and had followed a course in Biological Sciences. The Petitioner had sat again for the GCE ‘A’ Level 1979, and was informed that she was qualified to be admitted to the Faculty of Medicine. In her application in 1981 for admission the petitioner had made a declaration that she had not been previously registered to follow a course of study in any other University. This declaration had…
Read MoreWICKREMATUNGA v. ANURUDDHA RATWATTE AND OTHERS |1998 1 SLR 201
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…
Read MoreSURANGANIE 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 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 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…
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