Labour Minister, 9 others noticed by Court of Appeal

By Shehan Chamika Silva

Considering the writ petition filed against the decision of the Minister of Labour and Trade Union relations to hold a referendum at a factory in Katunayake Export Processing Zone (EPZ) to decide the strength of two trade unions in the factory, the Court of Appeal recently re-issued notices to the respondents cited in the petition to appear before court on December 28.

The Court also extended an interim order legally binding till December 29 preventing the respondents from holding a referendum at the so-called factory to ascertain whether at least 40 percent of the workmen of the factory are members of the trade union which represents by the petitioner.

Petitioner, the 'Independent Workers Union' had cited 10 respondents in the petition including Minister of Labour W.D.J. Seneviratne, Secretary of the Labour Ministry, Attorney General and Commissioner General of Labour Department.

The petitioner had informed court that the petitioner is the bargaining agent in the said factory who has got 80% of the employees as members of their union.

However, following the failures of many discussions with the Minister and other officials, the petitioner complains that the Ministerial decision had been taken to hold a poll to decide on the strength of two trade unions without giving due notice to the petitioner and without accepting the documentary proof that the petitioner has produced before the respondents to show that they have got 80% of the employees as members in the said factory.

The petitioner alleges against the respondents in deciding to hold a poll without following the proper procedure to hold the said poll.

Earlier, considering the materials placed before court by the Counsel Venuka Cooray who appeared on behalf of the petitioner, the Bench comprising Justices Vijith K. Malalgoda (President of CA) and S. Thurairaja issued notices to the respondents to appear before court but they were not present in court. Thereby, the court of Appeal reissued the notices and extended the given interim order as well.