A judical officer associated with progressive measures
 

BY W.T.A. LESLIE Fernando

SINCE Independence successive governments and statesmen have brought many changes beneficial to people. Due credit should go to them.

There are also many public servants who have toiled behind the scenes to make these changes effective and successfully implemented. Most of them pass off unto oblivion, unsung and unwept.

W.P.N. de Silva, who retired as a District Judge was a judicial officer, who helped in no small measure for the progress of Labour Tribunals. He was also associated with the introduction of national languages for proceedings in original Courts.

Leonard Wolfe in his celebrated novel "Village in the Jungle" highlighted the plight of the villager who could not understand the proceedings conducted in English in Courts.

As far back as 1938, a resolution moved by Philip Gunawardena in the State Council, that the proceedings in original Courts should be conducted in national languages was adopted. However it was not implemented as there were many obstacles to make the Courts function in Sinhala and in Tamil.

Sri Lanka gained Independence in 1948. But the native rulers continued the British system of administration to the letter. Accordingly there was no significant change in the administration of Justice from 1948 to 1956.

From 1956 and afterwards as in so many other spheres winds of change became evident in the administration of Justice as well. In 1956 Sinhala was made the official language. As such proceedings in Courts had to be conducted in the national languages.

However due to technical problems and lack of facilities it was enacted that for the time being Courts should continue to function in English.

Nevertheless it was written on the wall, that sooner or later administration of Justice would be performed in national languages.

The MEP government (1956-59) set up Conciliation Boards to amicably settle civil disputes among parties without resorting to litigation. The Conciliation Boards functioned in national languages.

A significant achievement of the MEP regime was the establishment of Labour Tribunals. The first President of the Labour Tribunals was W.P.N. de Silva. He successfully got them off the ground and gave effect to the working of Labour Tribunals, so as to make them viable institutions.

Wasantha Parakrama Nandipala de Silva, who hailed from Ahangama was the son of Mr. and Mrs. W.P. Mendis de Silva. He was born on June 03, 1920. He had his early education at Dharmadutha College, Badulla and secondary education at Ananda College, Colombo.

In 1945 he obtained an honours degree from the University of London at a time when a University degree was somewhat a rare achievement.

Later. W.P.N. de Silva took to law and joined the Law College. He passed out as an Advocate in 1951 and was called to the Bar in 1952. In 1959 he was appointed President of the first Labour Tribunal.

Prior to the setting up of Labour Tribunals, when a worker was unjustly dismissed or victimised, he had to go to civil Courts to redress his grievance.

Civil Courts were beyond the means of a poor worker and one could not imagine how a dismissed unemployed worker could engage in cumbersome litigation in civil Courts to get relief.

In Labour Tribunals not only professional lawyers but laymen also could represent the parties. In this novel atmosphere as the first President of Labour Tribunals W.P.N. de Silva helped to set up traditions and practices for their smooth functioning. He placed them in a firm foundation to make them viable and secure institutions.

In 1963, W.P.N. de Silva joined the Judiciary. He served as a Judge - in some places as the Magistrate and in other places as the District Judge in Kurunegala, Kegalle, Gampaha, Anuradhapura and Kuliyapitiya. He retired in 1980 as the District Judge, Kurunegala.

The move to conduct the proceedings in original courts in national language had been getting postponed year by year and one could not imagine that courts would ever function in Sinhlala and Tamil.

It was only in 1970 that a serious attempt was made to conduct cases in courts in Sinhala. One of the first courts in the island to work in Sinhala on a trial basis was Gampaha. The District Judge of Gampaha at the time was Parinda Ranasinghe who later became the Chief Justice.

The Magistrate was W.P.N. de Silva. They cleared many misgivings and showed that original courts could function in Sinhala. In fact Felix R. Dias Bandaranaike, the then Minister of Justice was present at Gampaha courts on the first day to watch cases being conducted in Sinhala.

Subsequently in 1974 under the Administration of Justice Law all the original courts in the country began to function in Sinhala and in Tamil.

Today Primary Courts, Magistrate's Courts, District Courts and High Courts - all function in national languages and there is no question of going back to English. This is a great relief to the litigants as they could understand the proceedings of their cases in courts.

Although W.P.N. de Silva had his education in the English medium, he was one of the judges keen to work in national languages. He often insisted that even oral submissions in courts should be made in Sinhala. He has done a lot to make functioning of courts in Sinhala a success.

An erudite scholar his learned treatise "Industrial Laws and Relations in Ceylon" which was released in 1963 was the first book to deal with the working of Labour Tribunals. For many years it remained a guide not only to the lawyers but also to laymen who appeared in Labour Tribunals.

In 1966, W.P.N. de Silva won a scholarship to the Institute of Advanced Legal Studies in the University of London. He followed a one year course on legal research with a special reference to Industrial Law.

W.P.N. de Silva served as a member of the committee appointed by D.S. Jayawickrema, the then Minister of Justice to implement the official Language Act.

He also functioned as the Chairman of the Board of Examiners on Industrial Law for Labour Tribunal Presidents. He was also an examiner for Proficiency Examination in Sinhala for judicial officers.

In his retirement W.P.N. de Silva was doing further research and was planning to publish several books on Law.

However in July 24, 1985 - twenty years ago he passed away suddenly of a heart attack at his residence in Kurunegala. In whatever capacity W.P.N. de Silva served, he always had the interest of the common citizen in mind. The services of W.P.N. de should be appreciated by later generations.

(The writer is a former High Court Judge)