DC overrules heart patient’s request to enjoin GMOA strike

By T. Farook Thajudeen

The Colombo District Court, while overruling a heart patient’s request to enjoin the planned Government Medical Officers’ Association (GMOA) strike fixed for today, issued notice of an interim injunction and summons on the GMOA to appear before Court on 4 May to consider whether the strike was legal or not.

Colombo District Judge Sujeewa Nissanka issued this notice on the GMOA after considering 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 appearing on behalf of the petitioner, submitted that his client was being treated by the National Hospital for a heart ailment. Counsel said the patient was a monthly caller to the hospital’s clinic as he did not have any means to seek private treatment.

Counsel also said the petitioner and his parents had regularly made indirect contributions to the Government for the sake of free education and free health services. Counsel Siriwardena said 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.

Counsel further asserted that that Court of Appeal on 31 January 2011 had granted provisional registration to a student of SAITM. 

Counsel emphasised that the GMOA consisted of doctors who had become doctors after studying at public universities. He said that the Medical Counsel had sought a Supreme Court ruling against the Appeal Court order in case No. WA 187/201 6 which was pending.

The petitioner’s Counsel contended that the 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.