Monday, 13 October 2003  
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Supreme Court dismisses rights plea

by Wasantha Ramanayake

The Supreme Court dismissed a Fundamental Rights application filed by an employee of the Co-operative Wholesale Establishment (CWE), since the petitioner had failed to file the application within the stipulated period.

The Bench comprised Justices P. Edussuriya, C. V. Wigneswaran and Asoka de Silva.

Petitioner cited the Board of Directors, the General Manager and the Acting General Manager of the CWE and the Attorney General as respondents.

The court dismissed the application holding the preliminary objections taken by respondents' counsel Sanjeewa Jayawardane. The counsel contended that the petitioner U.G.V. Dharmaprema failed to challenge the circular dated June 25, 2002, and petitioner had not taken any step to challenge the said circular for the last nine months. He raised the preliminary objections that the petitioner's application was out of time.

Petitioner filed the application against the non granting of extension after he had reached 55 years. He sought to set aside the letter dated January 24, that refused to grant him extension.

Gamini Perera instructed by P.A. Amerasinghe appeared for the petitioner.

Sanjeewa Jayawardane with Priyanthi Gunaratne instructed by G.G. Arulpragasm appeared for the respondents.

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