GMOA restrained from striking

Suraj A Bandara and Roshan Thushara

Colombo District Court judge Ranjith N Wathupola yesterday issued an enjoining order preventing trade union action by the GMOA scheduled for today. The order is effective until October 17.

Justice Wathupola issued this order when a petition filed by Juliana Dahanayake of Nugegoda was taken up for hearing. Dahanayake is receiving clinical treatment for a respiratory illness.

The complainant has cited the Government Medical Officers Association (GMOA) as the main respondent.

In her complaint, she has stated that the trade union action to be carried out by the GMOA today is illegal and is in contravention of medical norms and ethics.

Dahanayake in her plaint further states that the government medical officers are legally bound to provide treatment to those who seek treatment from government hospitals and the members of the GMOA can prevent action taken against an Association member by a law enforcement authority.

C R De Silva PC appeared for the complainant.

Dahanayake in her plaint said that the secretary of the Association in an interview with a weekend newspaper has said that his association would go for a strike.

She pointed out that the Commission to Investigate Bribery or Corruption has legal authority to seize the personal file of a government servant and seizure of a file of GMOA Secretary Dr Anurudha Padeniya is in compliance with the Bribery and Corruption Act of 1994.

The complainant stated that the GMOA is violating the legal rights of patients they are treating instead of challenging the Commission’s action in court.

She stated that the ulterior motive of the purported trade union action is to prevent the Commission from exercising its mandate.

In considering the submissions made by the complainant, Justice Wathupola issued the enjoining order. Attorneys Nalin Amarajeewa, Chandana Perera and Ronald Perera also appeared for the complainant.