|Saturday, 27 March 2004|
SriLankan Aircraft Technicians Association restrained from engaging in trade union action
by Wasantha Ramanayake
The Court of Appeal issued an interim order restraining SriLankan Airlines Aircraft Technicians Association (SLAATA) from engaging in trade union action until the final determination of an arbitration.
The order was sequel to an application by SriLankan Airlines Ltd., and is valid until March 31.
The Bench comprised Justices N. K. Udalagama and S. I. Imam.
Plaintiff-petitioner SriLankan Airlines Ltd. cited the SLAATA as the defendant-respondent.
The court granted leave to appeal from the order of the Moratuwa District Court on the basis of Section 4(1) of the Industrial Disputes Act. Counsel Romesh de Silva PC for the plaintiff-petitioner submitted that SriLankan Airlines instituted the action in the Moratuwa District Court against SLAATA trade union action.
The District Court refused to grant an enjoining order restraining the respondents from doing so on the basis of lack of jurisdiction.
The counsel submitted that in terms of the Industrial Disputes Act, the respondent union could not engage in any trade union action when an arbitration was pending.
The counsel submitted that the members of the respondent union started trade union action while the dispute over the new Collective Agreement that had been referred to an Arbitrator by the Employment and the Labour Minister, in terms of the Industrial Disputes Act.
Romesh de Silva PC with Palitha Kumarasinghe instructed by Srimal Weerakkody appeared for SriLankan Airlines Ltd.
The notice is returnable March 31.
Produced by Lake House