ARBITRAL AWARD IN FAVOUR OF HEMANTHA SITUGE

PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 04.01.2013
1 A – G 17106 — 350 (2013/01)
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No. 1791/40 - FRIDAY, JANUARY 04, 2013
(Published by Authority)
PART I : SECTION (I) — GENERAL
Government Notifications
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EXTRAORDINARY
The Gazette of the Democratic Socialist Republic of Sri Lanka
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My No. : T23/P/171/2004.
THE INDUSTRIAL DISPUTES ACT (CHAPTER 131)
THE award transmitted to me by the Arbitrator to whom the
Industrial Dispute which has arisen between Mrs. M. D.
Sriyalatha, No. MLQ 53/B, Factory Area, Hingurana of the
one part and Hingurana Sugar Industries Limited No. 561/3,
Elvitigala Mawatha, Colombo 05 of the other part was referred
by order dated 27.08.2008 made under Section 4(1) of the
Industrial Disputed Act, Chapter 131 (as amended) and
published in the Gazette of the Democratic Socialist Republic
of Sri Lanka Extraordinary No. 1565/13 dated 03.09.2008 for
settlement by Arbitration is hereby published in terms of
Section 18(1) of the said Act.
V. B. P. K. WEERASINGHE,
Commissioner of Labour.
Department of Labour,
Labour Secretariat,
Colombo 05,
19th December, 2012.
Ref No. : T23/P/171/2004.
IN THE MATTER OF INDUSTRIAL DISPUTE
Between
Mrs. M. D. Sriyalatha,
No. MLQ 53/B,
Factory Area,
Hingurana.
........................ of the one part
and
Hingurana Sugar Industires
Limited,
No. 561/3, Elvitigala Mawatha,
Colombo 05.
........................ of the other party
AWARD
01. the Honourable Minister of Labour Relations and
Manpower, do by virtue of the powers vested in him by
Case No. A 3252
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PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 04.01.2013
Section 4(1) of the Industrial Disputes Act, chapter 131 of
the Legislative Enactments of Ceylon (1956 Revised Edition)
as amended by Acts Nos. 14 and 62 of 1957, 4 of 1962 and 39
of 1968 read with Industrial Disputes (Special Provisions)
Act, No. 37 of 1968 appointed me as the Arbitrator by his
order dated 27th August, 2008 and referred the dispute
between the aforesaid parties to me for settlement by
arbitration.
02. The matter in dispute between the aforesaid parties
is :
“Whether any unjust was caused to Mrs. M. D. Sriyalatha
for not effecting payments to her under the voluntary
compensation scheme implemented by the Hingurana Sugar
Industries Limited for its employees despite the fact that, her
service had been terminated in terms of her application made
to leave the company’s service under the compensation
scheme and if such an unjust was caused, to what relief Mrs.
M. D. Sriyalatha is entitled.”
03. Late Mr. Wilbert Perera appeared for the applicant while
Mr. Hemantha Situge, Attorney-at-Law appeared for the
Respondent institution.
04. Initial objections were raised concerning the validity
of the reference, Having examined the submissions, the
objection made by the Respondent was over-ruled.
Thereafter on completion of evidence in chief of the
applicant, Respondent lawyer cross-examined. After several
days of protracted hearings, applicant tendered a written
application to withdraw the case against the Respondent
institution without any right to raise the issue afreshvide
page 222 in case file. Since then she had not shown any
interest.
05. I therefore make award that the applicant is no longer
interested in persuing the matter in dispute.
P. Navaratne,
Arbitrator.
31st October, 2012.
01-546
Ref. No. : IR/10/13/2009.
IN THE MATTER OF AN INDUSTIRAL DISPUTE
Between
Mrs. M. I. M. J. Samarawickrama,
No.1499/1, Katukurunda Road,
Kottawa,
Pannipitiya
........................ of the one part
and
Tea Small Holdings Development
Authority,
No. 70, Parliament Road,
Pelawatta,
Battaramulla
........................ of the other party
INTERPRETATION OF THE AWARD
The Commissioner of Labour (Labour Relations) requested
an interpretation of the order made by me on 11th March,
2012.
Whereas in the said order it was stated that Mrs. M. I. M.
J. Samarawickrama be paid arrears of salary increments due
for the period 01.01.2003 to 01.09.2008 in respect of the
Agricultural Economist Post held by Mrs. M. I. M. J.
Samarawickrama.
Whereas the Respondent submitted to the Hon. Magistrate
Court, Kaduwela in Case No. 37459 that the Applicant was
paid the salary arreas and increments due to her for the Post
of Agricultural Economist held by her.
Whereas by said Award the Arbitrator has come to a
conclusion that the Respondent Authority has acted unjustly
and unfairly towards the Applicant, Mrs. M. I. M. J.
Samarawickrama without granting due promotion and even
ignoring the Supreme Court directive.
Whereas it was concluded by the Abitrator as for the said
Award the Applicant’s present position should be backdated
to 1st January 2003 (the day in which an irregular appointment
was given to an another person as Assistant General Manger
(Services).
Case No. A/3318
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PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 04.01.2013
In the circumstances the said Award should be
interpretated as follows :
The Applicant Ms. M. I. M. J. Samarawickrama is entitled
to backdate her Appointment, the Post of Manager, Grade III
(Planning and Monitoring) to 01.01.2003 and be paid salary
arrears and increments due to the said post for the period
01.01.2003 to 01.09.2008 by the Respondent Tea Small
Holdings Development Authority.
Kapila M. Sarathchandra,
Arbitrator.
12th November, 2012.
01-547
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA.