KAHAGALAGE AND 5 OTHERS V WIJESEKERA AND 5 OTHERS

KAHAGALAGE AND 5 OTHERS V. WIJESEKERA
AND 5 OTHERS

SUPREME COURT
J.A.N. DE SILVA,CJ.,
AMARATUNGA,J.AND
EKANAYAKE, J.
S.C. (FR) APPLICATION NO. 18/2009
JUNE 11TH 2010

Army Act - Navy Act - Air Force Act - Police order - Constitution - Fundamental Rights - Article 12(1) - Right to equality Article 14(1)(d)-Freedom to form and join a trade union - Article 15(8) - Restriction of fundamental rights recognized by Articles 12(1), 13 and 14 shall, in their application to the members of the Armed Forces, Police Force and other Forces charged with the maintenance of public order, be subject to such restrictions as may be prescribed by law? Force contemplated in Article 15 (8) Nature of service provided? Active server.

The Petitioners who were guards attached to the Railway Protection Force (RPF) alleged that their fundamental rights, guaranteed by Articles 12(1) and 14(1)(d) of the Constitution had been violated by the Respondents. The main complaint was that the members of the 'RPF' were not allowed to form or to become members of any Trade Union. The position taken up by the 1at Respondent was that the 'RPF' is also a for

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