Dear friends
The Asian Human Rights Commission (AHRC) is gravely concerned about the situation of 73 workers of the Jewelarts International in Maithree Mawatha, Ekala, Sri Lanka. According to the information we have received, the managing director closed the factory with the support of the police on 6 May 2002 without any prior approval of the Labour Commissioner General. In addition, at the time of the closure the workers had not received the pay for two months, which is ensured by law. These 73 workers are on the street for the last 20 months without any saving.
More seriously, even though several warrants are issued, the police have failed to comply these warrants and arrest the managing director. It is alleged that he is hiding at the house of his brother Mr. Hilmy Carim, the Mayor of Matale. The workers are eagerly awaiting your solidarity. Please send a letter to the local authorities requesting the arrest of the managing director and compensation to the workers.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
The Orex Workers Society pleads for the arrest of their managing director Mr. M. M. Izath for non-compliance of labour laws.
In the year 1980 the Jewelarts International Company was initiated in Maithree Mawatha, Ekala, 25 km North of Colombo, to produce ballpoint pens, combs, tooth brushes and several items with the Orex brand.
The following brothers managed the company over the last 22 years, Kaleel Mohamed, Saleel Mohamed, Hilmy Kareem, and M. M. Izath. The last named person was the one, who caused much problem to the 73 employees and closed the factory with the support of the Police on 6 May 2002 without any prior approval of the Labour Commissioner General.
Most of the 73 persons employed at the time of the closure were there from the beginning. They had contributed their mite all these years with the feeling that the management would not throw them out to the street. When the management was in difficulty the workers were ready to comply with the requests made to the workers. The workers were taken aback when this drastic step was taken by the management.
Ever since that time the workers were living in hope, that the managing director would either begin the factory, or grant the necessary emoluments and compensation. At the time of the closure the workers had not received the pay for two months. The Commissioner General of Labour requested the management to pay the arrears, other dues with compensation. The workers are on the street for the last 20 months without any saving.
Besides, from 1993, the Employees’ Provident Fund (EPF) and the Employees’ Trust Fund (ETF) payments have not been paid to the relevant authorities. Owing to this failure of non-payment of the EPF and the ETF, the Labour Office Ja-Ela has filed action in the Magisrate Court at Gampaha. Mr. M. M. Izath the present managing director living in 100/1 5th Lane Kollupitiya and at the 5th Floor on No. 324 Galle Road, Kollupitiya was served summons several times and he has not heeded the call of the magistrate. There were two warrants were issued on the Cases no. 20393 and 16897 at the Magistrate Courts in Gampaha. There is also a case on the non-payment of gratuity at the same courts and case number 78265. He has not appeared for this case too. In Colombo High Courts, there are cases no 43206, 45207, 58460 for compensation and non-payment of salaries.
It was reported that eight times same warrants have been issued eight times to the Inspector General of the Police (IGP), Deputy Inspector General (DIG) of Western Range, the Officers in Charge (OICs) of Ja-Ela, Kollupitiya and Peliyagoda Police Stations, but they have failed to comply with these warrants and to arrest Mr. Issan. On 12 Jan 2004, last time these non-payment of EPF and other dues came up for trial in the Gampaha Magistrate Courts, the summons were issued on the OIC of Kollupitiya Police Station.
While 73 workers who toiled hard for almost 22 years are loitering without their salaries for two months and other legal benefits, the managing director is still living without being arrested. It is alleged that he is hiding at the house of his brother Mr. Hilmy Carim, the Mayor of Matale.
The workers have issued letters to the Inspector General of the Police, the Prime Minister, the President, the Minister of Labour, the National Police Commission, Attorney General, National Human Rights Commission, but up to date no response had come. There is police inaction not heeding the arrest warrant of the magistrate. The plea of the workers is for justice.
SUGGESTED ACTION:
1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Dr. Radhika Coomaraswamy
Director
National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. Hon. W. J. M. Lokubandara
Minister of Justice
P. O. Box 555, Colombo
SRI LANKA
Tel: +94 11 384837, 94 11 437996
Fax: +94 11 320785, 94 11 445447
E-mail: justices@sri.lanka.net
5. Mr Y. Nodera, Regional Director
ILO Regional Office for Asia and the Pacific
United Nations Building, 11th Floor
Rajdamnern Nok Avenue, P.O. Box 2-349
Bangkok 10200, Thailand
Tel: 66 2 288 1710, 288 1755 (Regional Director)
Tel: 66 2 288 1712, 288 1785 (Deputy Regional Director)
Fax: 66 2 288 3056 (direct), 288 3062
E-mail: bangkok@ilobkk.or.th
SAMPLE LETTER
Dear
Re: 73 workers are on the street while the company director ignores the law
I have learned with grave concern that 73 workers employed at the Jewelarts International Company in Maithree Mawatha, Ekala, were lost their job without any prior notice and have not received any compensation (two months minimum wages) which is guaranteed by law.
Mr. M. M. Izath, a managing director of the Jewelarts International Company, has closed the factory with the support of the police on 6 May 2002 without any prior approval of the Labour Commissioner General. This action, taken by the managing director directly violates Sri Lankan law. According to the Sri Lankan law, the employer should pay the worker two months minimum wages if they do not want to employ the worker. In particular, even though several warrants were issued, the managing director is hiding at the house of his brother Mr. Hilmy Carim, the Mayor of Matale and the police have failed to comply with these warrants and arrest the managing director.
Therefore, I urge you to take strong action against the managing director of the Jewelarts International Company who has violated the Sri Lankan law and has abused the rights of workers. I also urge that all the workers who lost their job from the company be awarded fair compensation as soon as possible. I also urge the National Human Rights Commission of Sri Lanka to initiate appropriate and speedy inquiries into this case.
Sincerely yours
*****
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
