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Thursday, 29 April 2010

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Questions and Answers

Delay of driving licence

Question: I applied for a Driving Licence on January 13, 2009 through a ‘Learner’(from Kurunegala), after passing the ‘Trial Test’. A temporary licence was given to me.

Fifteen months have passed since then, but so far I did not get any driving licence. Hence. How could I find out the reason for the delay in receipt of same. Please instruct.

R A Ruwanpathirana Kurunegala

Answer: We are sorry to inform you that there is a big backlog in the issue of Driving Licences.

Your driving licence is in the process of preparation but it could take another month or two before you receive it.

if you require it in a hurry you should call over at the Motor Traffic Department at Werahara.

If you call over in the morning, you should be able to collect your licence in the afternoon. They can track the status of your licence given your NIC number. They checked it for us and the DIN No. 20097122 is your reference.

We suggest you telephone the Werahara office on Tel. No. 2545893 and inquire about the status by indicating your NIC No.

The lady officer there seems to prefer the owner contacting them rather than the OPA as a third party.


Renewal of National Identity Card

Question: I applied for renewal of National Identity Card No 490803335V. My application No. is C A 313537. I had already made payment of Rs 500, for one day service. In this connection the Commissioner informed by his letter dated 30.4.08 copy of his letter forwarded that action had been taken for the issue of NIC. I have not yet received my NIC.

Please kindly help me to get the NIC without further tiredness, I seek your kind assistance in this regard.

N Indirajah Chunnakam - Jaffna

Answer: We are sorry as we don’t bring you any good news. According to the Registration of Persons Department your new NIC Card was dispatched in June 2008. Did you check with the Grama Niladhari or the Divisional Secretary’s Office. One day service was not available to you as your application had to be referred to the Legal Section to verify your birth certificate.

If you are unable to trace your new NIC, you have to make an entry with the Police as lost NIC. Thereafter along with the extract of your Police report you have to make a fresh application for your NIC.


EPF benefit claim from a closed company

Question: I had worked in a Printing Company in Colombo from 1987 to 1989. My A,B and H Forms were not registered at this place. Although my E.P.F. Contributions has been sent to Central Bank E.P.F. Division on my Name and N.I.C. No. 585872768V.

The above Starline Printers (Pvt) Ltd of 213, Grandpass Road, Colombo 14, has been closed in 2000. I handed over the ‘K’ Form to the District Labour Office - Kandy South attached to my residing area for claim of EPF. As requested by ACL, I managed to get a service certificate from the Director of this Company who resides at 9, Alfred Place, Colombo 3 with my employment details. ACL not satisfied with this letter and asked more documents like appointment letter, salary details and aalary record etc.

I was informed by the said Director that all the documents related to the Company were misplaced and untraceable. Please help me in this matter to get my benefits.

Saraswathy Nadaraja Kandy

Answer: There is a voluntary organisation called the ‘Centre for Skills and Social Development’ whose office is at 274, Talapathpitiya, Nugegoda and they have requested us (the OPA) to direct to them persons who require assistance with EPF, ETF and other labour related matters.

The person to contact is Nanda Kaluthanthri - Director Labour Relations on Tel. No. 2320396, 2778286. As you are living in Kandy, you may speak to him over the telephone and forward to him by mail or fax copies of all relevant documents. Since they are specialized in providing such service it is best that you seek their assistance for your individual problems OPA will assist in policy matters. Their service will be free of any charges.


Compensation package on closure of business

Question: I am the managing partner of a partnership company that runs a small retail business in the Bambalapitiya area. The current slowdown in business may force me to shut down the business.

At the moment I have nine employees and have never had more than 10 employees. There are few employees with less than five years service and even one over 55 years old.

My question is what kind package do I have offer them when I wind up the business.

S R Kumar - Colombo 4

Answer: The Labour Department has an established Termination Formula for those who employ 15 persons or more. So as in your case those who employ below 15 employees this termination formula will not apply.

However, we suggest that you get yourself a copy of this Termination Formula from the nearest Labour Office and apply it to your employees though only nine in number. It is also suggested that you keep the Labour Commissioner informed in writing about the closure of your business, the reasons for closure and compensation paid if any to your employees. However your employees can still go to the Labour Tribunal as nothing prevents them form doing so.

The compensation paid by you (for example Gratuity) will be taken into consideration by the LT. The LT may also consider the loss of employment opportunity in the case of those below retirement age.


Interest relief to senior citizens

Question: The Government has announced a special interest payment of 20 percent of the interest earned per annum on Fixed Deposits with Banks subject to a ceiling of Rs 120,000 per annum.

I have invested with the Government in Treasury Bills and find it most unfair that the same concessions not applicable to savings in Treasury bill investments by Senior Citizens. Hope this would catch the eye of the policymakers and grant us redress by rectifying this anomaly. Infact Government should encourage more persons to invest with them for the development of the country.

A R de Silva - Ratmalana

Answer: Your question is very valid and it is logical that Senior Citizens who have invested in Treasury Bills too should be treated the same way as those senior citizens who have invested in Fixed Deposits and Savings Accounts in licensed Commercial Banks. Of course there could be a practical problem with Treasury Bills as they could be for short durations.

We suggest that you write directly to the President and to the to the Finance and Planning Ministry Secretary Dr P.B. Jayasundera at the Secretariat Building, Colombo 1. It is best that the affected parties and as member of the public you write directly. We too will write to the Secretary pointing out this anomaly.


Damage caused to electrical items due to power surge

Question: I am a resident of Jayanthipura, Battaramulla. On September 13, 2009 there was a power failure in my house at No. 24, Right Circular Road, Jayanthipura, Battaramulla for a couple of hours. When the power resumed, I found some of my electrical items were not in working condition.

When I contacted the Electricity Board at Pannipitiya Road, Battaramulla an officer in the CEB informed me that a branch of a tree belonging to a resident in the adjoining lane had been cut and it had fallen on the power line.

I immediately handed them a letter mentioning all the electrical items that had been damaged. Thereafter an officer from the CEB came to inspect the damaged items and informed me that they will compensate me once they recover the payment from the party that caused the damage.

As this occurred seven months ago and I have been visiting the CEB several times no action has been taken by the CEB to settle this matter. There have been several houses whose electrical items were damaged on this particular day and they too have complained to the CEB. Hence, I appeal to you to look into this matter and advice me on the necessary actions.

Padma Pathirana Battaramulla

Answer: You are fortunate that the CEB has acknowledged that the damage was caused by a power surge and also that they have agreed to consider payment of compensation for the damage caused to your electrical appliances.

Unfortunately, this payment is subject to recovery of payment from the party that caused the damage. It will not be easy for the CEB to recover from the party concerned without any difficulty or delay.

Whilst we understand that the person who cut a branch of a tree is responsible for the power interruption, we cannot understand how he could be held responsible for the power surge.

However, we suggest that you write immediately to the Director General, Public Utility Commission of Sri Lanka at Level 11, BOC Merchant Towers, No 28, St, Michaels Road, Colombo 3. Please forward copies of all relevant documents. They will carry out an independent investigation about your case and assist you in expediting the compensation. Unfortunately they will not act on a complaint made by us as a third party.


Use of dynamite and street lights

Question: I hope and pray that you will take action for the following requests.

1. Now the situation in Jaffna is normal. Hence, the Authorities can allow the use of Dynamite.

2. Earlier the local bodies illuminated the streets, now the CEB should install street lights to my village. All are paying taxes. I find in some places street lights are installed.

S. Thurairajah Atchuvely - Jaffna

Answer: As the OPA we are not able to take any action on the two matters referred to by you.

1. As you are aware the Emergency is still in Force. In fact the Parliament was reconvened in order to extend the Emergency. For many purposes the situation in Jaffna must be normal now but for the purpose of allowing the use of Dynamite we are not sure. You may have to check up from the authorities there like the Government Agent.

2. As regards street lighting we understand that there is a plan. It will be extended area by area after the establishment of sub-stations. Yes all are equal, however the provision of electricity and street lights are very much in the Governments plan, not only in Jaffna but in all parts of the country. Power generation has been one of the priorities of the Government.

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