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UNP to decide on Presidential poll in
November The UNP parliamentary group is scheduled to meet this morning to decide whether the party is prepared to go in for a Presidential poll in November this year as President Chandrika Kumaratunga had accepted UNP leader Ranil Wickremasinghe's challenge in this regard, Dr. Karunasena Kodituwakku, MP and Chief UNP spokesman said yesterday. The President's acceptance of the UNP leader's challenge had been conveyed to Mr. Wickremasinghe over the phone by Minister of Justice and Constitutional Affairs, Prof. G. L. Peiris last Tuesday. The Opposition Leader was touring Kataragama area at that time. Mr. Wickremasinghe who had declared at a public meeting held at Kiribaththalawa, Teldeniya, Kandy last Saturday that the UNP was prepared to support the government to postpone Provincial Council elections up to December 31 if the government could give an assurance that Presidential elections would be held in November. He also said that the UNP was even prepared to support the government for a two-thirds majority in Parliament to bring necessary amendments to the Constitution to hold Presidential elections in November this year. Mahaweli Economic Agency
casual worker on hunger strike dies A casual employee who was participating in the 9-day old hunger strike staged by casual employees of the Mahaweli Economic Agency (MEA) died yesterday afternoon, at the Embilipitiya hospital trade union sources told ‘The Island’. D. K. Wilbert died around 12.30 p.m. Trade union sources claimed he died as a result of the fast. Labour Department sources said Wilbert had been admitted to hospital on Monday. An MEA spokesman, who said the incident was unfortunate noted that it can only be established whether he died as a result of the fast or other complications after the hospital conducts the medical inquiry. About 140 employees from Walawe started their hunger fast on June 16 over eight demands. Meanwhile, the tussle between the casual employees and the management of the MEA continues, according to Jathika Sevaka Sangamaya (JSS) sources. The JSS represents most of the employees. Yesterday afternoon, JSS representatives as well as other union representatives met and held discussions with Labour Minister, W. D. J. Seneviratne. Labour Department officials were intervening in the dispute till late evening yesterday and have appealed to the fasting parties to stop their protest. A Labour Department source said Minister Seneviratne was to present a report on this matter to Cabinet yesterday. Crucial discussions are likely to take place within the coming week with a discussion between the warring parties planned for 11 am next Monday. The meeting will take place at the Department of Labour. The dispute at the MEA revolves around casual employees and is connected to the ongoing lay-offs being executed by the MEA. The MEA originally employed about 12,000 workers of this about 6,000 are to be laid off with the help of a Voluntary Retirement Scheme (VRS), as recommended by the World Bank. The workers are being laid off on a staggered basis lasting over a three month period. The MEA currently receives about one million rupees a week in World Bank funds for the programme. Meanwhile, in an unprecedented move, the World Bank also recommended that the 2,900 casual workers of the MEA be entitled to compensation under the VRS. MEA Director General, Mahinda Samarasekera, noted that casual employees are not normally entitled to compensation under a VRS. However, a segment of the casual employees at the MEA launched a protest on June 16 embracing eight demands. They noted that while many discussions have been held on the payment of their statutory dues (such as EPF, ETF, gratuity) with arrears from 1982, the actual payments have not been made. They also spearheaded strongly a demand for permanency in their posts. "It is not likely that they will be granted permanency but the MEA management has maintained that they will go ahead with giving them their statutory dues", said Mr. Samarasekera. He explained that they had not been able to settle these dues due to financial constraints. However, a sum of 22 million rupees has been set aside for this purpose and will be obtained by the MEA through the next budget. Meanwhile, the MEA has already drafted letter giving assurance it will not take legal action against the protesting casual workers. This was after they expressed fear to Labour Department officials that punitive action will be taken against them. The Executive Committee of the Ceylon Bank Employees' Union is to meet today to decide on a date for a proposed walk-out in support of the Regional Rural Development Banks (RRDB) salary issue. A union source said the walk-out would be staged from all branches of all banks in the country. This constitutes eleven private banks and five state banks. He said the failure to respond to their salary demands by the management of the RRDBs has spurred the union into this action. The union held a successful two day picketing campaign recently in support of the same cause. The RRDBs come under the purview of the Central Bank. The CBEU demands that the revision of salaries and the Cost of Living Allowance (COLA) of the RRDB employees. They ask for a 15% increase in salaries with effect from January 1997 with a further 15% after restructuring of the banks. With regard to the COLA, they request that it be hiked from Rs. 1 to Rs. 1.50 per point with effect from January 1997. Negotiations in this regard have been on since October 1997. The finally meeting between the two conflicting parties was held on June 11 and the management promised to come back to the union. There has been no response the source said. (NW) Prof. Priyani Soysa appeal
dismissed The Court of Appeal in a judgement yesterday declared that Professor Priyani Soysa had been professionally negligent in treating the late four year old Suhani Arsecularatne, daughter of the Deputy Solicitor General, Mr. Rienzie Arsecularatne. President of the Court of Appeal Justice Lakshman Weerasekera in his judgement granted damages to Arsecularatne in rupees five million, while Justice C. V. Vignaeswaran granted Rs. 250,000. The plaintiff Arsecularatne said he fought for the principle and not money, and agreed for the lesser amount. The judgement was by the President of the Court of Appeal, Justice Lashman Weerasekera and Justice C. V. Weerasekera. Both the Justices in judgements of their own, explained that Professor Priyani Soysa, was professionally negligent in discharging duty of care. Evidence had proved her to be overconfident, paving the way for arrogance. Justice Vigneswaran, in his judgement said that the attitude of Professor Soysa is one of over confidence in diagnosis, and that she had failed to show reasonable skill and care. Justice Weerasekera, the President of the Court of Appeal, awarded damages in rupees five million, together with legal interest and the incurred costs in both the District Court and in the Court of Appeal. Rupees five million was the full amount claimed for by Arsekularatne, Justice Vigneswaran awarded damages in Rs. 250,000 together with legal interest and the costs incurred in both the District Court and the Court of Appeal. In view of the difference in the quantum of damages awarded by the two Justices, President’s Counsel Romesh de Silva, who appeared for the plaintiff-respondent Mr. Rienzie Arsecularatne, informed the Court of Appeal that the plaintiff, Rienzie Arsecularatne fought his case on a matter of principle and stated in public when he won in the District Court in 1993, that he was not interested in money. In the circumstances, Counsel Romesh de Silva, informed court that, the plaintiff respondent is agreeable to take the lesser of the two amounts awarded. Accordingly the Court dismissed the appeal, and interred judgement for the plaintiff Rienzie Arsecularatne in a sum of Rs. 250,000, together with legal interest, with the costs incurred in both the District Court and the Court of Appeal. Mr. Romesh de Silva, further told Court that in the event the issue is reviewed in the Supreme Court, he reserved the right to challenge the quantum of damages. Mr. R. K. W. Goonesekera, Senior Counsel for the defendant appellant Professor Priyani Soysa, asked the Court of Appeal, leave to appeal to the Supreme Court. Court said he may file papers formally. Mr. R. K. W. Goonesekera, with Mr. E. D. Wickramanayake and Mr. S. C. Crossette Tambiah appeared for Professor Priyani Soysa. President’s Counsel Romesh de Silva with Mr. Palitha Kumarasinghe, Mr. Harsha Amerasekera and Mr. Sugath Caldera, appeared for Mr. Rienzie Arsecularatne, the plaintiff respondent. The Court of Appeal yesterday dismissed the Appeal filed by Professor Priyani Soysa, who was found professionally negligent in discharging duties of care. The four year old Suhani Arsecularatne had died in June 1992. The District Court action was instituted in February 1993 by Rienzie Arsecularatne. The D.C. judgement declared Professor Soysa professionally negligent and awarded damages in Rs. five million. The said judgement was in January 1994. Professor Soysa appealed to Court of Appeal against the said DC judgement, the same year. Sea Tiger movements curtailed The military yesterday claimed that Sea Tiger logistical movements between the Wanni and the East have been seriously affected as a result of the securing of Kuchchuveli-Pulmoddai and Valachchenai-Vakarai sectors by combined security forces. The 15 km long coast-line from Kuchchuveli-Pulmoddai, north of Trincomalee was secured in the last week of May. Valachchenai-Vakarai area was captured last Monday. CENSORED Capture of Vakarai will further increase pressure on the Sea Tigers he said adding that sea patrols have been stepped up. Vakarai was captured in a joint air-sea-land operation in the early hours of Monday. The navy had managed to land troops north of Vakarai in the early hours. "It was a silent landing," an officer said adding that troops were able to come ashore without any confrontations. At first light troops heli-landed near the Panichchankerni bridge. Other units moved northwards from Valachchenai. The military said that 33 terrorists were shot dead. One soldier was killed and five wounded in a confrontation. Troops have now secured Mankerni, Kokkuvillu, Kayankerni, Kiriminchchiya, Panichchankerni and Vakarai all within the Vakarai bridge. The military said that troops have established contact with the civilian population. "There has not been a single civilian casualty during the operation," the military said. Senior officers said that securing of the coastline was a part of the ongoing efforts to isolate the enemy groups engaged in battles with the Jayasikuru forces. Military officials said that although 33 terrorists were killed in confrontations during the assault on Vakarai, the actual number of terrorists killed was high. "At the moment we are consolidating our positions in the newly captured area," officers said. Vakarai is approximately 20 miles north of Valachchenai. The LTTE has been very active in the Vakarai area. It was used as a staging point to mount attacks both on government positions in the Batticaloa and Trincomalee districts. Government Agent, Batticaloa A. K. Pathmanathan yesterday said that he has requested the Vakarai Divisional Secretary to visit the area with the approval of the Valachchenai Brigade Commander. At the time of the operation the Divisional Secretary has been out of the area. Pathmanathan admitted that there were no indications so far to suggest casualties among the civilian population. "There has been no significant displacement of the people," he said yesterday morning. He placed the total number of families living in the Vakarai Division around 4000. Security forces officers said that terrorists will have no option but to reduce their presence north of Vakarai and the government positions south of Trincomalee. They said that securing of coastal towns along the east coast will prevent the LTTE from collecting and transferring supplies to the Wanni. CENSORED The LTTE moved in the middle of 1995 when troops vacated the entire Vakarai area as part of their re-deployment in the Jaffna peninsula. Battalions which moved out of Vakarai played crucial roles in the multi-phased ‘Riviresa’ operation which brought the peninsula under government control. Later LTTE set up a police station to police the area. They also established Kangaroo courts. The military said that with the return of troops, the people of Vakarai will be able to get their food and other supplies without restrictions. Police stand guard to quell
student disturbances Over 300 riot squad policemen were deployed outside the Colombo university in anticipation of a demonstration yesterday morning. The demonstration was expected to be held to protest against the recent suspension of the 100 undergraduates of the Arts Faculty, Cinnamon Gardens Police said. The police were called in after information was received that students from several universities, including Sri Jayewardenapura and Kelaniya, would converge at the University of Colombo for a demonstration. The police however, were ready to deal with the anticipated situation and the riot control vehicle was also on stand by. Police said they were called in to ensure that the activities and examinations of the university run smoothly in the event of the demonstration taking place. No demonstrations however took place yesterday and the activities of the University went uninterrupted, police said. The Faculty of Arts had been the centre of activity since early this month after the University's student union elections. Earlier students of a certain union that lost the election held the Dean as well as several other members of the university staff hostage demanding that the results of the election be suspended due to claims of "election malpractices" and "rigging." The Dean was later rescued by the police and over a 100 undergraduates were taken into custody fingerprinted and released, by the Cinnamon Gardens Police. The Vice Chancellor Prof. W. D. Lakshman later suspended over 100 students believed to have been involved in the incident and called for an inquiry into the election. This was apparently to be the reason for the demonstration that was planned for today. Pakistan agrees to talks with India in Sri Lanka ISLAMABAD, June 24 (Reuters) - Pakistan said on Wednesday Prime Minister Nawaz Sharif had agreed to hold bilateral talks with his Indian counterpart Atal Behari Vajpayee during a South Asian summit in Sri Lanka beginning on July 29. Vajpayee had proposed the talks in a letter that New Delhi said on Tuesday was written to Sharif on June 14, amid high tensions caused between the two rival countries by their nuclear tests last month. A Pakistan Foreign Ministry statement said Sharif sent a letter to Vajpayee on Tuesday, hoping the two leaders would hold the meeting during the summit of the South Asian Association for Regional Cooperation (SAARC). Supreme Court Judge quashes adverse findings
against Paskaralingam Justice D. P. S. Gunesekara, Judge of the Supreme Court, in a judgment of his own, ordered on June 22, that a Writ of Certiorari be issued to quash the adverse findings made by the first respondent, Supreme Court Justice P. R. P. Perera, Chairman of the Special Presidential Commission of Inquiry and the second respondent, Justice H. S. Yapa, Justice of the Court of Appeal and Member of the Commission, against petitioner R. Paskaralingam and further quash the recommendations made by them to the President, in pursuance of such findings, in their interim report dated 2.3.97, in respect of the inquiry against R. Paskaralingam. Justice Gunesekera in his judgment explained that the only reason adduced by the third respondent, Justice F. N. D. Jayasuriya, for the non-participation in the decision-making process was that the proceedings of the inquiry had concluded on 19.12.1996 and having not observed and heard the evidence or the submission of counsel after 12.11.96, as he was away on medical leave, it would have been an unconscionable pretence not befitting judicial officer, to have placed his signature to a report prepared by the other commissioners, and that no new commissioner appointed in his place could have lawfully, arrived at findings based on evidence, which was not led before him. The petitioner Paskaralingam, along with his counter affidavit dated 12.3.1998 has produced certified copies of the draft minutes of proceedings held before the 3rd respondent who had functioned as a single Judge of the Court of Appeal marked 'CA1' and 'CA2' which establish that he had performed judicial functions on 10 days in January 1997 and 18 days in February 1997. In my view the fact that the 3rd respondent functioned on 28 days in the months of January and February 1997 negatives the assertion that he was unable to participate in the decision-making process, as it appears in the interim report dated 2.3.1997. Further an examination of Section 3 (3) shows that it enabled the 3rd respondent to have lawfully examined the proceedings held after 12.11.1996 and to have considered the written submissions tendered on behalf of the parties and to have participated in the decision-making process. For the reasons stated, the interim report dated 2.3.97, in respect of Inquiry No. 3/95 B, signed by Justice P. R. P. Perera and Justice H. S. Yapa, without the participation of Justice F. N. D. Jayasuriya, was not one made by the Commission, as contemplated by the law, under which it was established and was one made without jurisdiction. No order was made for costs. Raging fire at garment
factory flushed out A fire broke out at a garment factory in the Free Trade Zone, Katunayake, yesterday (24) morning and the Fire Brigade had to call for the assistance of Air Force helicopters to control the blaze. The fire broke out at Gurian Lanka Garment Factory building at about 10.00 a.m. yesterday and raged for 1 1/2 hours, police said. Fire fighters from Katunayake Fire Brigade, police and Air Force helicopters had made a concerted effort to bring the fire under control. The cause of the blaze is suspected to be an electrical short circuit. Further investigations are being carried out by Katunayake police. Govt. correcting imbalance
in thermal and hydro power sector, says Minister Ratwatte Minister of Power and Energy and Deputy Minister of Defence, Gen. Anuruddha Ratwatte said that under the current policy of the government, the power sector will see a balance being struck between thermal and hydro power generation in the country. The Minister said that under the proposed power sector development plans of the government, thermal power generation capacity will be increased to 50% to create a balance between the two sources of energy. The Minister was speaking at the commissioning of the 51 MW power plant at Sapugaskanda on Tuesday. The US$ 62.5 million, 51 MW addition at Sapugas-kanda is the first independent power plant built in Sri Lanka with foreign investment on a Build Own Operate (BOO) basis. The project is financed by international lenders and shareholders joined as Asia Power (Pvt.) Ltd. by John Keells Holdings Ltd., as the local shareholder. Minister Ratwatte said that at the time the People’s Alliance government came to power in 1994, there was an imbalance between the two sources of power with hydro power at 84% while the thermal power generation was at a 16%. "It was because of this that we decided on a policy pertaining to the power sector of increasing the thermal power generation capacity of the country to strike a balance between the two. It was then that we invited investors from the private sector for involvement in the generation of thermal power in the country. At the initial stages there was no positive response to our proposal. "I wish to thank Asia Power (pvt) Ltd. for taking the initiative and joining this venture. Normally, when we go into such private participation we hear comments of inconvenience faced in operating with the public sector, but in this project it seems to have changed as I saw on stage today all those involved in the project thanking the public sector participation for their support." the Minister added . The Minister assured the investors of the purchase of power generated by the plant by the Ceylon Electricity Board. "We need to purchase more power as our intention is to create a balance between thermal and hydro. Our hydro potential currently is only 300-400 MW thus, it is essential to look towards the thermal sector development. We hope that the private sector will take this initiative as an example and join this development process," Minister Ratwatte noted. The development and construction of the project was carried out by Deutz UK Ltd., and Burmeister and Wain Scandinavian contractor A/S of Denmark, a joint venture partnership. The shareholders of Asia Power Ltd are Commonwealth Development Corporation, Deutsche Investitions und Entwicklungsgesellschaft, International Finance Corporation, Nissho Iwai Corporation, and John Keells Holdings Ltd. The plant uses inexpensive residual fuel oil supplied by the Ceylon Petroleum Corporation. The plant will supply approximately 330 Gwh per year directly into the national grid, 90 Gwh of which is to be supplied during the peak demand months. The 20 year period of the plants generation of power by Asia Power Ltd. is reported to generate a power supply to approximately 150,000-200,000 homes annually. The plant also provides employment to approximately 60 persons. The Chairman of the Board of Investment, Thilan Wije-singhe and Chairman of the Keells Holdings Ltd. Ken Balendra also spoke. |
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