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CA rejects interim injunction sought by plantation companies

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  • Court holds that this is a policy decision aimed at the benefit and progress of estate workers
  • Too early to issue interim order, court says
  • Petition to be taken up again on June 26

The Court of Appeal (CA) yesterday turned down a request to issue an Interim Order suspending the operation of the Gazette Extraordinary dated April 30, 2024 issued by the Commissioner General of Labour determining the minimum daily wage of estate workers as Rs.1,700.

The Court refused this request when the writ petition filed by 21 plantation companies challenging the said gazette was considered before Justices Sobhitha Rajakaruna and Dhammika Ganepola yesterday.

The refusal was based on the submissions made by President’s Counsels Faizer Mustapha and Shavindra Rodrigo who appeared for the responding Minister of Labour and the Trade Unions, including the Ceylon Workers’ Congress, of the estate workers respectively.

The Court was of the view that the decision by the Government to increase the minimum daily wage of the estate workers is a policy decision aimed at the benefit and progress of the estate workers. Therefore, it is too early to issue such an interim order at this moment without further considering the petition, the Court held.

Accordingly, the Court fixed the further consideration of the petition for June 26.

The petitioning plantation companies have filed the petition naming 52 parties including the Minister of Labour, Commissioner General of Labour, the Wages Boards for the Tea and Rubber Growing and Manufacturing Trade, General Secretaries of the Workers’ Unions, Sri Lanka State Plantations Corporation and Sri Lanka Tea Factory Owners’ Association as respondents.

The Gazette Extraordinary in question issued by the Commissioner General of Labour, who is also the Chairman of the Wages Boards for the Tea and Rubber Growing and Manufacturing Trade, prescribes a daily wage of Rs.1,350, a daily special allowance of Rs. 350, and an over-kilogramme rate of Rs.80 for both the tea and rubber sectors.

The plantation companies are of the stance that the increase of the basic wage to Rs.1,700 would not be possible and the wages must be linked to productivity. Therefore, they have prayed to the Court to issue an order suspending the operation of the said Gazette Extraordinary until final determination of this petition. President’s Counsel Dr. Romesh De Silva instructed by Senior Lawyer Sanath Wijewardane and President’s Counsel Sanjeewa Jayawardena appeared for the petitioners. Deputy Solicitor General Vikum de Abrew appeared for the Attorney General.

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