Trade unions, 14 others challenge Port City Commission Bill
View(s):The government-controlled, Leslie Devendra-led Sri Lanka Nidahas Sevaka Sangamaya is among five trade unions along with other organisations and individuals challenging the constitutionality of the new Colombo Port City Commission Bill.
Altogether 15 petitions have been filed challenging the bill of which submissions will be heard by a 5-judge bench of the Supreme Court tomorrow (Monday). The other four unions are the National Union of Seafarers in Sri Lanka, Free Trade Zones and General Services Employees Union, the Ceylon Mercantile Union and the United Federation of Labour which are all members of the National Labour Advisory Council.
The President and the Secretary of the Bar Association have also filed petitions saying that provisions of the new bill contravenes sections of Sri Lanka’s Constitution and thus would require a two-thirds majority of Parliament along with a national referendum to ensure its enactment into law.
The bill has wide powers and exempts some key legislation from being operative in the Commission’s area of control prompting protestors of the proposed new legislation to decree that the area of authority will be a ‘Chinese colony’ since a Chinese company is involved in the project and has some control over its land use.
The trade unions’ petition while saying that many clauses in the bill are unconstitutional, points out that Clause 3(5) of the bill, seeks to usurp powers, duties and functions statutorily vested in certain written laws into the Colombo Port City Economic Commission, in a manner that is not provided for in them and thereby inter alia specifically impede the operation of the Employment of Women, Young Persons and Children Act, Employees Provident Fund Act, Employees Trust Fund Act, Shop and Office Employees Act, Industrial Disputes Act, Wages Boards Ordinance, Factories Ordinance, Maternity Benefits Ordinance, Budgetary Relief Allowance Acts of 2005 and 2016, National Minimum Wage of Workers Act in the areas of authority of the Colombo Port City.
Clause 6(i) compels the Commissioner of Labour to abdicate or delegate powers that are statutorily vested in him in the sphere of labour inspection, monitoring business operations to guarantee compliance with provisions of the written laws, the petition says.
Clauses 6(g) and 6(h) render the labour inspectorate of the Department of Labour incapable of performing their statutory functions and/or roles while Clause 52 and 53 seek to suspend the operation of the Termination of Employment of Workmen (Special Provisions) Act at the discretion of the Colombo Port City Economic Commission in the form of an incentive to a chosen category of investors and thereby renders workmen disentitled and discriminated of their rudimentary rights that are integral to the relationship of employment and entrenched social protection guarantees connected thereto.
The petition is seeking a determination from court that the bill is required to be passed by not less than two-thirds of the whole number of members of Parliament as required under Article 84(2) and approved by the people at a Referendum.