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The Supreme Court docket determined yesterday (9) to dismiss with out listening to the Basic Rights petition filed by a bunch together with the Inter-Firm Workers Union,
requesting an order stopping the restructuring of the Authorities’s loans from the Workers’ Provident Fund (EPF) and the Workers’ Belief Fund (ETF) through the Home Debt Optimisation (DDO).
After contemplating the preliminary objections offered by Deputy Solicitor Common Kanishka de Silva Balapatabendi, who appeared on behalf of the Legal professional Common and the Finance Ministry Secretary and the information offered by the petitioners’ lawyer, the Bench determined to dismiss the petition.
This petition was known as earlier than a Supreme Court docket Bench consisting of Judges S. Thurairaja, Kumuduni Wickramasinghe and Mahinda Samayawardena.Deputy Solicitor Common Kanishka de Silva Balapatabendi, who appeared for the respondents together with the Legal professional Common, offered two preliminary objections relating to this petition. The primary objection is the identify of the primary petitioner, the Inter Firm Workers’ Union, has no authorized character to hunt authorized redress.
The identify of the stated Worker’s Union is registered in Sinhala and the stated identify has been translated into English language within the petition. The Deputy Solicitor argued that such a Union didn’t legally exist.
She additionally talked about that such an establishment has no capability to file elementary rights petitions or search reduction. She submitted that the petitioners had not submitted any paperwork to Court docket relating to the proposal submitted to Parliament in relation to the DDO that the petitioners are difficult.
She emphasised that based on the structure of the nation, Parliament has full duty for public funds and the restructuring of the home debt was underneath the purview of the Parliament. The Deputy Solicitor Common raised her second preliminary objection that the Supreme Court docket had no energy to intervene on this matter of public funds.
Taking these information into consideration, she requested the Cout granting depart to proceed.
President’s Counsel Nigel Hatch, who appeared for the petitioners, said that there are a lot of workers as members of the EPF and ETF. He submitted that the federal government had taken selections relating to these funds with out consulting them.
The President’s Counsel additional said that it was unfair and talked about that the petitioners submitted this petition to court docket earlier than submitting the related proposal to the Parliament and complained concerning the danger of violation of the elemental rights of the petitioners. He additional stated that every one the paperwork that the petitioners had have been offered to Court docket.
He talked about that a number of individuals who contribute to the EPF and ETF are amongst these petitioners and they’re going to even be affected by the DDO. He requested the preliminary objections offered on behalf of the Legal professional Common weren’t acceptable and requested the Court docket to reject them.
After contemplating the information, the choose refused to listen to the petition.
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