IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Certiorari, Mandamus and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Case No: CA/WRIT/65/2024 1. Ethugalage Wimikthananda Udavanga Rathne Diwakara.

General Secretary, Insurance Corporation General Employees Union, Sri Lanka Insurance Corporation Ltd, Rakshana Mandiraya, No.21, Vauxhall Street, Colombo 02. PETITIONER Vs.

1. Hon. Attorney General Attorney General’s Department, Colombo 12.

And 55 Others RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel: Mr. Nuwan Bopege with Ms. Dinusha Thiranagama instructed by Mr.

Manjula Balasooriya for the Petitioner.

Mr. M. Gunatileke, A.S.G, P.C., with Mr. M. Amarasinghe, S.S.C and Mr. Y. Selvananthan, S.C. for the 1^st, 2^nd, 28^th to 35^th Respondents.

Mr. Harsha Amarasekara, P.C. with Ms. Kanchana Peiris and Mr.

Aadhes Thureraja for the 24th Respondent.

Mr. Faizer Mushapha P.C. for the 25^th Respondent.

Mr. Chandimal Mendis for the 26^th Respondent instructed by Mr. A.

Perera.

Mr. Shehan Gunawardene with Mr. Andrew Keshav instructed by Ms.

Shanika Senevirathna for the 27^th Respondent.

Ms. Thishya Weragoda with Mr. Dilan Nalaka for the 39^th Respondent. Mr. Swasthika Arulingam with Ms. Tharmika Sivarajah for the 38th Respondent.

Mr. Swasthika Arulingam with Mr. Migara Doss for the 49^th Respondent.

Mr. Maithree Gunaratne, P.C. with Mr. Sahiru Jasinghe instructed by Ms. Chamali Ranatunga for the 46^th and 47^th Respondents.

Mr. Migara Doss for the 49^th Respondent.

Mr. Asela Rekawa with Mr. Charaka Jayarathne instructed by Mr.

Sanath Wijewardena for the 50th to 56th Respondents.

Supported on: 03.04.2024¹ and 05.04.2024

1 From 11.06 a.m. to 2.20 p.m. (except for 30 minutes in between)

2 9.50 a.m. to 10.30 a.m.

Synopsizes on: All synopsizes were tendered on 09.04.2024 or thereabout Decided on: 09.05.2024 D.N. Samarakoon, J Mr. Nuwan Bopage for the petitioner at 11.06 a.m. on 03.04.2024, when the case was taken up for support, in respect of the question of issuing notice and interim orders (k) (m) and (o), referred to paragraph 06 at page 10 of the petition dated 22.01.2024 which says, [as per the motion of the petitioner dated 05.04.2024, the writ application has been filed on 29.01.2024]

“BACKGROUND TO THE APPLICATION The Regulation of Insurance Industry (Amendment) Act No. 3 of 2011 and the Time Period for Segregation

6. The Petitioner states Section 53 of the Regulation of Insurance Industry (Amendment) Act No. 3 of 2011 states as follows:

"Where on the date of the coming into operation of this Act, an insurer is engaged in carrying on both long term insurance business and general insurance business in terms of a valid license issued by the Insurance Board of Sri Lanka under the principal enactment, such insurer shall be required within four years from the date of the coming into operation of this Act, to segregate the long term insurance business and the general insurance business being carried on by it, into two separate companies" (emphasis Petitioner’s)

7. Therefore, as per the law, the segregation of the 24th Respondent Company ought to have concluded by 7th February 2015. However as there were several discussions which went on between Unions, including the Petitioner’s Union and the Management of the 24th Respondent Company, the 24th Respondent Company did not carry out or complete the segregation within this stipulated date”.

The petitioner is Ethugalage Wimikthananda Udayanga Rathne Diwakara, General Secretary, Insurance Corporation General Employees Union.

The 01^st respondent is the Attorney General for and on behalf of Ranil Wickremesinghe, President of the Democratic Socialist Republic of Sri Lanka, in his capacity as the Minister of Finance, Economic Stabilisation and National Policies.

The learned counsel referred to the chart depicted at paragraph 5(2) of the statement of objections of the 27th resp