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2024 Supreme(SRI)(CA) 473

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Dhammika Ganepola, J
Divineguma Ekabadda Vruththikayinge Sangamaya And Others Vs.Director General and Others


Advocates:
Dr. Sunil F.A. Cooray with Nilanga Perera for the Petitioners. Nayomi Kahawita S.S.C. for the Respondents.

Dhammika Ganepola, J.

Factual Matrix

The 1st Petitioner is a registered trade union comprising approximately 8375 members who are employees of the Department of Samurdhi Development, formerly Department of Divineguma Development (hereinafter referred to as “Department”), which was established under Divineguma Act No. 1 of 2013 . With the enactment of the Divineguma Act, all the members of the 1st Petitioner opted to join the Department of Divineguma under Section 44(e)(ii) of the Divineguma Act.

Prior to the establishment of the Department of Divineguma Development, the members of the 1st Petitioner were employed in the Samurdhi Authority of Sri Lanka, the Southern Development Authority of Sri Lanka and the Udarata Development Authority of Sri Lanka. At the relevant times, the members of the 1st Petitioner were contributors to the Employees Provident Fund [EPF] under the Employees Provident Fund Act No. 15 of 1958 . The Department of Divineguma Development had been established by amalgamating the Samurdhi Authority of Sri Lanka, the Southern Development Authority of Sri Lanka and the Udarata Development Authority of Sri Lanka by the Divineguma Act.

Between April and May 2014 four Circ

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