18 January 2024 03:44 pm Views - 664
The Colombo District Court made this order pursuant to a case filed by the CEB which sought an order preventing 29 CEB trade unions and their members from engaging in any strikes as per the decision taken by them through a letter dated December 20, 2023.
When the matter came up before District Court Judge Sandun Vithana, President’s Counsel Upul Jayasuriya, appearing for several trade unions including the CEB Designers Union, moved court that his clients be discharged from the case since they have taken a decision to withdraw the said letter which gave notice to the CEB over a possible trade union action upon the expiration of fourteen days.
This request is to be considered on the next hearing date.
Meanwhile, President’s Counsel Upul Kumarapperuma appearing for the CEB Technicians Union and several others, informed court that he was raising objections to extending the enjoining order as it had been obtained by suppressing material facts.
In its plaint, the CEB states that the Minister of Power and Energy received a letter dated 20th December 2023 from the said Trade Unions informing that upon the expiration of fourteen days from the date of receipt of the aforesaid notice, all members of the said Trade Unions will engage in a strike.
The CEB states that in view of the inadequacy of notice the plaintiff is unable to provide uninterrupted electricity to the public by obtaining suitable competent personnel, in the event of there being any disruption of the provision of electricity to the consumers during the period of the purported illegal strike.
The CEB states that in the given circumstances of the country, it would be unreasonable and unfair to the public if there is a total stoppage of electricity supply.
The CEB further states that President Ranil Wickremesinghe had issued an Extraordinary Gazette dated 03rd January 2024 declaring the supply of electricity as an essential public service and in the given circumstances the said Trade Unions, its members and those participating in the said strike action will be guilty of an offence under and in terms of the Essential Public Services Act No. 61 of 1979.
President’s Counsel Upul Jayasuriya with Sandamal Rajapakse, Sithara Sampath Wijewardena instructed by Sachintha Rodrigo and Kelum de Zoysa appeared for several defendants.
President’s Counsel Nigel Hatch appeared for another trade union. President’s Counsel Romesh de Silva with Chandaka Jayasundera PC instructed by Attorney-at-Law Sanath Wijewardane appeared for the CEB.