Opa At Your Service
Highlights of OPA activities during 2008-2009 session
In the program which the OPA conducted during the 2008-2009 session,
were the following major activities:
* The weekly tri-lingual public outreach programme ‘ OPA At Your
Service’ through the Lake House newspapers namely the ‘Daily News’,
‘Dinamina’ and ‘Thinakaran’;
* Career Guidance program for school leavers and Labour Officers of
the Ministry of Man Power and Labour Relations;
* Workshops jointly organized with Official Languages Commission for
awareness in Tri-Lingual glossary;
* Skills Development workshops jointly organized with the Department
of Technical Education and Tertiary and Vocational Education Commission
carried out in Ampara, Btticaloa, Anuradhapura and Dambulla;
* Lecture on ‘Some Aspects of Police Investigations’ delivered by
Chief Justice Asoka N de Silva;
* Monthly seminars jointly organized with Member Associations of the
OPA on national issues relevant to professions represented in the OPA;
* About 10 seminars opened to the public was also organized on
subject of public interest;
Organizing Committee
President Elect, Chairman-Organizing Committee - Prof. A. D. V. de S.
Indraratna. Convener - Sugath Abeyratne.
Members: President: Eng. U. G. Bulumulla; Gen. Secretary: Archt Plnr
L. T. Kiringoda; Treasurer: L. L. S. Wickremasinghe.
B. K. Ulluwishewa, C. A. Gunawardena, Athauda Jayawardena, Raja
Korale, S. N. Wijepala, Group Capt K. W. Kirinde, M. T. B. Jayasundera,
Lalith Wijetunga, Nalin Atiyagala, Prof. H. D. Gunawardena, Archt V. N.
C. Gunasekera, Eng. D. D. S. Jayawardena, R. M. B. Senanayake, U. H.
Palihakkara.
- Questions and Answers -
Should I pay for overseas calls not taken by me
Question: I have become a victim of a non committed offence since
year 2002 for using a land phone.
Following is a brief account.
1. Thunder and Lightning damaged my phone, Fax machine, Fridge etc on
October 18, 2002.
2. A new Telephone was supplied on October 30, 2002. (After 12 days).
3. Received monthly bill for October 2002 with a recorded Six hour
long call to Malaysia amounting Rs. 21,524.23 dated Oct. 25, 2002
followed by more calls of short duration.
4. Reports made to: SLT Centre Fort, Billing Centre - Welikada,
Telecom Headquarters and Telecom Regulatory Commission. Promised
Inquirers were not held. Continued disconnections and of late received.
Phone calls and Recorded messages demanding: payment of above arrears. I
am a senior citizen. Please come to my rescue.
S.P.T. Jayasinghe-Padduka.
Answer: We discussed your matter with authorities of Sri Lanka
Telecom. Since it is a case of 2002 it is difficult if not impossible
for SLT to trace the documents after seven (07) years. The Accountant
for SLT Metro-Revenue agreed to look into your matter and see if he can
help you with a waiver of the Rs. 21,524 if possible. Can you please
send him a letter similar to the one sent to us. Along with copies of
all relevant documents you may fax these on Fax No. 2304070 to the
attention of the Accountant-Revenue. His telephone number is 2304069. We
have already informed you over the telephone and trust you followed it
up. Let us know the outcome.
Right of way to a road
Question: First of all I take this opportunity to thank you for the
invaluable services rendering through ‘Daily News’ paper.
‘X’ has right of way over road ‘A’, a 20 feet private road to his
house and property (this is described in his deed).
He is also using another road ‘B’, a 12 1/2 feet private road for
access to his house and property for nearly 50 years for which he has no
right of way. (This is not described in his deed).
‘Y’ has right of way over the above mentioned road ‘B’ to his house
and property (this is described in his deed). Now a dispute has arisen
between ‘X’ and ‘Y’ over the road ‘B’.
‘X’ has field a complaint to the Police against ‘Y’ that by parking
vehicles on road ‘B’, ‘Y’ is obstructing access to his house and
property along road ‘B’.
Will you please answer the following questions in your esteemed page
in “Daily News” paper.
1. Can ‘X’ has the right to file this complaint in Police against ‘Y’
over the road ‘B’ for which he does not have right of way.
2. Can ‘X’ claim right of way over road ‘B’ under prescriptive
rights.
Your valuable advice is sought in this regard.
Thanking you in advance for an early response.
I with you wholeheartedly best luck to continue the good work.
M.F.S. Fonseka, Dehiwela.
Answer: 1. Yes ‘X’ has the right to file a complaint to the Police
against ‘Y’ for obstructing the road ‘B’ to which he now has
prescriptive rights. 1. Yes ‘X’ can claim right of way over road ‘B’ as
he has prescriptive rights. Although not indicated in ‘X’s deed, if ‘X’
has been using road ‘B’ for even 10 years he can claim prescriptive
rights. In this case ‘X’ has been using road ‘B’ for 50 years. As you
too seem to bear evidence.
Solution to my Problem with PEO TV.
Question: I got PEO TV connection from the SLT 2 months back. When I
signed the contract they gave me a program and in that there were nearly
48 channels including the local channels other than MTV channels.
They made me understand that HBO movie channels are also included in
the package. But at the end of the month they sent me a bill for Rs. 410
or something as charges for the HBO. Apart from that almost every
program I watch goes off the screen for well over 10-15 minutes with the
message Wait Signal.
From the time I got the connection this has been going on. I made
several complaints to the SLT. Thrice the technical staff came to check
on it, First time they said I have to fix a filter to my phones, which I
did. But the wait signal problem continues.
Next time they came and changed some gadgets that were fixed to my
computer and said everything is fine. But the problems still going on.
Third time they came they changed the de coder and said the problem is
in the Kotte area and with the new de coder everything is fine.
But still the problems persist. Numerous complaints brought no
solution. Also the consumers are not given the monthly. TV guide that
they are going to telecast.
I have to press all the buttons to see what’s on. What I asked SLT
they said they do not have a monthly TV guide. How on earth they expect
the customers to view the programmes. The technical staff told me that
they have received several complaints from customers regarding wait
signal problem But the management is sitting on it.
But at the end of the month they send us a bill and expecting us to
pay fantastic amount for watching a blank screen. Added to our misery
they have told us that we cannot disconnect our PEO TV for 2 years.
Isn’t it outright blackmailing? I am sick and tired of making complaints
to the SLT and I need your help to find me a solution for this problem
soon.
Or else let them disconnect my TV and release me from this problem.
Selma - Battaramulla.
Answer: Sorry for the delay of more than a month to answer your
question due to the long queue of questions received. We checked with
Sri Lanka Telecom (SLT) the provider of PEO TV and they did agree that
there was a ‘Wait signal’ problem in certain areas like Kotte and that
this problem has now been solved. ince you have not give your telephone
number we are unable to check with you. We understand that though you
may be on a two year contract package, on account of proven technical
problem you can request for disconnection.
Therefore, there is no black mail. If the Wait Signal problem still
persist you have been requested to contact the customer care and
training manager of PEO TV on telephone 2005500 or fax your complaint on
fax no. 2559599 to his attention.
Processing of “K” Form through Labour Office
Question: I worked as a lorry driver from 01.01.1974 up to 13.06.1985
at an arrack ‘Tavern’ at Balangoda in the Rantpuara District for 12
years, My EFP No. 10922 A 02 B. On 25.02.2009 I sent my EPF claim ‘K’
form to the Dist. Labour Commissioner Ratnapura vide VG/PO/RGD.
RPT No. 5632, Sir but Rantappura Dis. Officer not yet returned my “K”
Form and relevant documents herewith I am enclosing a photo copy of the
Account balance sheet (not enclosed) As I am a sick person please inform
Ratnapura Commissioner to return soon my claim forms.
W.A.W.R.E.C. Wickremasinghe, Veyangoda.
Answer: Usually when you forward the “K” Form along with all relevant
details to the regional Labour office. They will only process it and
forward it to the Central Bank EPF section. In your case you have not
provided us with proper details.
When we contacted the Asst. Commissioner of Labour of Ratnapura, they
wanted to know the reference number given by the Ratnapura Labour
office. This reference number will be RTN/1 followed by of number.
Unless you provide us with this number we are not able to check on
the status of this. In order to check with the EPF Department we require
your Employer’s EPF registration number as well, since your number has
already been quoted in your question. What is this number RPT No. 5632.
Payment of EPF/ETF and Gratuity
Question: At present I am working in a BOI Approved Institute in a
senior position from the inception. Now I have completed five years of
service by mid September. As strange things happened time to time some
employees had to resign overnight because of the foreign management ask
them to do so without giving any compensation or any prior notice. As
the situation is such I would like to get some opinion and answers from
your column to the following.
1. As mentioned earlier I have completed 5 years-service am I
eligible for the gratuity and what is the time period that I am able to
claim that after resigning.
2. If they ask me to resign for no reason what is the procedure to
follow and can I get any compensation for the period of my 5 years of
dedicated service and for how many months under which clause of the
labour rules. (In the appointment letter says either party can give one
month notice for the resignation or termination of service, all the
employees are still under contract basis.)
3. After joining the Institute in September 2004, the Management sent
me the second appointment letter post dated to 1st of January 2005 and I
signed mentioning the date of joining The third appointment letter also
given to me somewhere in November 2005 back date as 1st of January 2005.
As a result of that 5 employees of the Institute completely lost the
EPF & ETF for nearly 13 or 14 months of service which was never
deposited to the relevant authorities and other 4 employees have left
the institute long back.
The reasons for that they have mentioned the date of registering the
institute as somewhere in November 2005. Considering that 13 or 14
months arrears can I claim the full amount of 20% and 3% respectively
for the EPF and ETF with interest from the Institute if I give my
resignation and how?
4. If the Management asks me to tender my resignation is it ok under
these conditions? And will I be able to claim whatever the benefits that
I am suppose to get.
EDG, Katubedda.
Answer: Eventhough you are working for a BOI approved Institution,
the Labour laws at regards employees are applicable. Which means your
employer has to contribute for the employees EPF and ETF. They have also
to make a gratuity payment of half months salary for every year of
service after completion of 5 years of service.
To be on the safe side only after December 31, 2009 you will complete
5 years and be entitled to the gratuity payment of 2 1/2 months salary.
From what we understand through your question you have to give one month
notice and regards any compensation we cannot comment as we are not
aware of the terms and conditions of your employment.
As regards EPF and ETF you must ensure that contributions have been
made but you will have to wait till you are 55 years old to withdraw the
EPF. The ETF of course you can apply for a refund after completion of 5
years and resignation.
However, if you can prove that your employment commenced in September
2004 although the letter of appointment is dated January 2005, you can
make a claim for September 2004 as date of commencement through the
Labour Department. |