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Questions and Answers:

Combining Medical leave

with Annual leaveQuestion: I shall be pleased if you will answer the following questions for my benefit and also for the benefit of others.

I am working in a leading Private Bank, I was on my annual leave for one week. At the tail end of my leave I fell ill and was hospitalised for two days. The consultant doctor who treated me wanted me to take bed rest and gave me a medical certificate for a further week. But the bank forced me to come to work in spite of the medical saying that annual leave cannot be followed by medical leave. But I stayed two more days and reported to work against medical advice.

Please let me know whether this rule is legal and if I am penalized what action should I take.

Ms H. Mendis,

Colombo

Answer: The usual rule is that you cannot combine casual leave with annual leave. It is a misinterpretation to state that one cannot combine medical leave with annual leave. This may be said due to some persons abusing their leave entitlement. Since you had been hospitalised (sure you will have a document to prove hospitalisation) and since a consultant doctor has recommended bed rest, issuing a medical certificate, some officer in your bank is being unfair. Mangers are there to use some discretion and not to apply the rules blindly. Your employer is wrong both legally and morally. If in case you are penalised you can report the matter to the Labour Department. We have already checked your case with an Assistant Commissioner of Labour.

Notary Public has erred name of Licensed Surveyor in Deeds attested

Question: I have given my youngest son 20 perches of land with the house and everything standing thereon within the boundaries of Lot 1FA of Lot IF defined in plan No: 1669 dated 24.3.1986 made by H.S. Sumanasekera, Licensed Surveyor, as described in the schedule of Deed of Gifts No. 3719 attested on 18.4.1986 subject to the life interest of two persons named therein and further subject to the condition that 1 as the Donor reserve the right to revoke and cancel this deed.

I built another house for those two persons named in Deed No. 3719 on the land called Lot 1 FB of Lot IF and they are living with me in this house. Hence, I wanted to give my son with no conditions, the full right to the land and property donated by Deed No. 3719 and I consulted an Attorney-at-Law and Notary Public (NP) He suggested (1) to revoke and cancel deed No. 3719 and the gift and (2) to re-gift. 20 perches of land with the house and everything standing thereon within the boundaries of Lot IFA of Lot IF defined in plan No: 1669 dated 24.3.1986 made by Mr. H.S. Sumanasekera, Licensed Surveyor, as described in the schedule of cancelled Deed No: 3719 by a fresh Deed of Gift with no conditions. I agreed to his suggestions. He prepared (in Sinhala) (1) the Deed No: 585 for the cancellation of Deed No: 3719 and the Gift and (2) the fresh Deed of Gifts No: 587 attested and sent for registration.

On receipt of registered Deed No: 585 and Deed No: 587, I discovered to my utter dismay that, with the exception of two initials (H.S.) the Notary Public (NP) has erred name Sumanasekera) and written U.S. Samaranayake as his name in the schedules of Deed No: 585 and Deed No: 587.

Under these circumstances, please advice me how to correct this clerical error of Notary Public (NP) in Deeds attested and registered.

W. B. S. Fernando,

Kalutara.

Answer: This can be corrected by what is referred to as a 'Deed of Rectification'. This can be done by a Notary Public, correcting the name of the Surveyor and registering the deed again under the same folio as the previous deed which had the error.

You should contact the Notary who made the mistake as he is obliged to do a deed of rectification without charging you. If he is not willing contact another Notary and get your job done.

How to change maiden name to married name

Question: I have been married for two years now and I like to have my wife's name altered to that of mine for official purposes. Furthermore, I like to inform you that both of us are working in the Department of Health Services.

Please be good enough to inform the procedure I have to follow in connection with this.

H. S. Jayarathna,

Ganegoda.

Answer: Your wife should make a written request to the Head of the Department along with an original copy of the Marriage Certificate. The Head of the Department will forward it to the Ministry of Health for necessary action. Of course your wife or even you can follow up thereafter to ensure that action is taken. If not these matters get held up due to other priorities by the officers concerned.

This is assuming that your Marriage Certificate carries your name and your wife's name correctly as registered in the Department of Health Services. In case either of the name is different in the Marriage Certificate then the correction of names in the Marriage Certificate has to be done through Courts.

Publication of Tender results

Question: Why are tender results not published in the press while only notices calling for tenders are published. What does the law say? Is there any other publication by the ICTAD?

BOI Chamber of Construction Industry and Commerce, National Contractors Association etc., from which those interested, could obtain the information?

S. Sripadmananban -

Narahenpita

Answer: Tender notices are advertised in order to attract participation amongst possible organizations that can execute such tenders. All tenders are usually evaluated by tender boards or committees that look into not only price competitiveness but also the technical capability or meeting the technical specification. Once the tender is awarded only the party that has won the tender is informed of.

All other participants have the right to find out about the outcome of the tender. In some cases all the tenderers can be present at the time of opening the tender, these are often price based and participation is only by pre-qualified tenderers. Where a tender deposit involved, the unsuccessful parties are informed enabling them to get the refund of their tender deposit. As per ICTAD or any other organisation, there is no stipulation or practice of publishing the tender results.

Although from a point of view of transparency it may be useful, no organization is going to incur additional cost in publishing the results which is of no benefit to them other than additional cost.