Mr. Joseph Stalin, General Secretary of the Ceylon Teachers Union, has threatened to petition the Supreme Court if the government proceeds with salary increases solely for civil servants who did not participate in the July 8 and 9 strikes. He emphasized that such a decision would be legally challenged, citing past instances where similar actions were overturned by the courts.
Stalin criticized the Cabinet’s proposal to grant bonuses selectively to those who reported to work during the strikes, arguing that it neglects the broader demands of the entire public service workforce, including teachers and principals. He highlighted previous court rulings that invalidated government decisions favoring certain employees over others based on strike participation.
Mr. Joseph Stalin referenced a past government decision where nurses who continuously worked during the March 18 to April 6, 1986 strike were awarded two salary increments, while those who worked intermittently received one increment. Following a legal challenge, Judges Vanasundara, L.H. De Alvis, and Seneviratne ruled the Cabinet’s decision as null and void.
The Supreme Court’s jurisdiction, under Article 55(5) of the Constitution, ensures that decisions violating fundamental rights, such as equality as per Article 12, can be legally contested and overturned.
This underscores the Union’s stance against selective salary increases based on strike participation, as they prepare to contest any similar moves by the current government in the Supreme Court.