Financial Times

Court refuses SMIB request for injunction

Additional District Judge Colombo, Lalith Jayasuriya last week refused an application by the State Mortgage and Investment Bank for an injunction preventing the Ceylon Bank Employees Union (CBEU) from protesting against the extension of service of a senior bank employee.

The Bank had pleaded for an interim and permanent injunction restraining the union from pasting posters and agitating against the extension of service to W.D.M. Perera, DGM Finance, Planning and Administration at the bank.

The court held with union arguments that the bank by advertising the DGM's post four months before Perera retired, had violated Finance Ministry regulations.

It said if one is to retire at 60 and get an extension, the institution should give one year's notice if an extension is to be granted. This information, it said had been suppressed.

The CBEU said that the said officer, though his extension was approved, was working on a contract basis but continued to enjoy the same privileges as in service.

The Bank in its petition said the trade union had no right in law to resort to any trade union action against the extension.

Romesh de Silva, PC and Daya Pelpola appeared for the bank while S.A. Parthalingam, PC, Upul Jayasuriya, Lakshman Perera and F. Mustapha instructed by Samararatna Associates appeared for the union.