Heart patient seeks Court order on GMOA strike

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The Colombo District Court has issued a notice of interim injunction and summons on GMOA to appear in Court following a petition by a heart patient to determine the legality or otherwise of the GMOA’s strike. It overruled a request to enjoin the planned Government Medical Officers’ Association (GMOA) strike.

The order was made by Colombo District Judge Sujeewa Nissanka hearing a petition filed by heart patient Hewa lhala Mullage Piyasena of No. 1O4, Mahindarama Road, Etul kotte, who sought a declaration from the District Court that the strike was illegal and to permanently restrain the GMOA from going on strike.

Senior Counsel Sisira Siriwardena, instructed by Attorney-at-Law Tharangani I. Gunasena supported the application and pleaded that his client was being treated by the National Hospital for a heart ailment. The patient was a monthly caller to the hospital’s clinic as he did not have any means to seek private treatment. The petitioner and his parents had regularly made indirect contributions to the Government for the sake of free education and free health services.

He further argued that his client was bound by Article 28 of the Constitution to safeguard the fundamental rights of every citizen and to safeguarding their lives and their property. Court of Appeal on 31 January 2011 had granted provisional registration to a student of SAITM. Medical Counsel had sought a Supreme Court ruling against the Appeal Court order in case No. WA 187/201 6, which is pending. GMOA did not have a lawful right to go on strike against the appeal court’s order as the planned strike was a violation of the Trade Union Ordinance for the reason that the strike was not against an industrial dispute but against an Appeal Court order.

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