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| Sunday, 8 September 2002 |
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Features |  |
| News Business Features Editorial
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Welcome addition to legal literature "Selected Essays on Industrial and Civil Law" "Selected Essays on Industrial Law and Civil Law" is a collection of well-written essays on the Rule of Law and Natural Justice, termination of employment, the independent contractor, occupational accidents in factories, domestic disciplinary inquiries into misconduct, essentials of a simple contract, maintenance law, rent law and ejectment proceedings. The opening essay on the Rule of Law and Natural Justice traces their origin and growth. For instance, in the medieval ages the king was the fountain of justice. Today, however, royal supremacy has been replaced by supremacy of parliament. Defining the concept of Rule of Law the author says that it means absence of arbitrary power on the part of the government and no man is above the law. This has been enshrined in the Constitution as well. What is more, the embodiment of the Rule of Law in the Constitution has led to the all important freedom of thought, conscience, religion and the freedom from torture. Mr. Jayasuriya quotes case law in support of his view, making the subject more interesting to the practitioner and the law student. This is followed by an essay on "Some aspects of termination of employment under the Industrial Disputes Act" which is useful to both employees and employers. Most of the cases coming before Labour Tribunals reveal that employees come before them regarding cases involving alleged "misconduct" on their part. The author not only defines what "misconduct" is but also cites relevant case law to explain the intricacies. The chapter entitled "The independent contractor" throws light on the law of employment that has remained a blend of three basic policies: the protection and guidance of a distinctive social relationship that came to be known as "employer and employee"; the regulation of terms and conditions of employment; and the freedom of contract. Over the years the master and servant relationship has increasingly given way to the concept of "contract". In modern law however, two types of service - the contract of service and the contract for services - have come to stay. Citing relevant case law the author has defined the two concepts in detail. According to statistics compiled by the International Labour Organisation, over 15 million workers throughout the world become victims of occupational accidents. As a result, most of the employers are now taking measures to minimise such accidents. What is more, many laws have been passed to protect workers in their work places. The Mines and Machinery Protection Ordinance and the Factories Ordinance are two such major pieces of legislation. The English law has taken the view that each term of a contract, expressed or implied, is either a condition or a warranty. Meanwhile, acceptance of an offer must be absolute and unqualified. Another interesting topic dealt with by the author is the maintenance law in Sri Lanka. Under the Maintenance Ordinance of 1889 a Magistrate has the right to make an order for the maintenance of a wife or children whether born in or out of wedlock. The Maintenance Act of 1999 introduced drastic changes to the existing law. As a result, maintenance proceedings can be conducted today even in the absence of the respondent. The new Maintenance Act has also tightened several loopholes that has allowed the respondent to avoid the payment of maintenance to his wife, marital or non-marital children. The exhaustive study of the rent law, including ejectment proceedings is a very illuminating section in the book. The author has explained the rent law citing several decided cases and relevant sections of the Rent Act. Taken as a whole Irwin Jayasuriya's "Selected Essays on Industrial and Civil Law" marks an important milestone in the sphere of legal literature. ==================== First pocket guidebook to Sri Lanka 'How To See Ceylon' - by Bella Sidney Woolf Authored by Bella Sidney Woolf (sister of Leonard Woolf), How To See Ceylon was first published in 1914 - considered by most as the first pocket guidebook to the island. It was intended to help travellers "to fuller enjoyment and understanding of the island and its inhabitants." Indeed it proved to be so, considering that three more editions followed in the years 1922, 1924 and 1929 respectively. The author enthusiastically recommends the best ways of motoring the "sunny roads of Ceylon"; she also does not miss describing the pleasures of the rail trips. Care has also been given to provide background/historical information of the places visited and also to provide general information on the island which "contains a wealth of interesting and mostly long-forgotten details of a bygone age of travel" to today's reader. After a lapse of over 70 years, the fifth edition of this book will be brought out by Visidunu Prakashakayo at the Colombo International Book Fair to be held at the BMICH from September 10 to 15. ==================== Bringing back childhood memories Impression of Oman and Zanzibar by Charmaine Candappa is a collection of poems that evoke a response in our hearts and minds of our childhood memories of the fables, myths and fantasies woven around Arabia. The adventures of Sinbad and the magic lamp of Aladdin all come to life in the imagery of her poems. The food vendors in makeshift stalls might actually be masquerading Caliphs. The setting in which women boil rice and cooking pots of vegetables and meats could be characters straight from Arabian nights. Charmaine is enthraled by the desert landscape so different to her homeland. She is a very sensitive artist who paints these landscapes with a palette loaded with words. Her masterly touch brings to life the contrasting colours of the azure blue skies and the dazzling blue ocean interspersed with mosques and minarets that speak of a heritage not to be forgotten despite the interruption of tall buildings in the cityscape. The dramatic splash of colour of bougainvillaea and the fragrance of the jasmines and frangipani the wonder of trees on this arid land have a strange mystique for the poet who comes from a land where such sights are so common place. The imagery of the night sky with the crescent moon and a single star could be the very one that centuries ago guided the three Kings from the East laden with myrrh lapis lazuli and frankincense and other gifts in their search of the new born King who was foretold to be the Son of God. Charmaine is a supreme artist with words that dramatize the mystery of the night, the heat of the midday sun, and the intermittent showers of rain and the flowers that bloom in the ancient and historic lands of Oman and Zanzibar. An added charm of the book is some of the crayon illustrations by her architect husband who has brought to life some of the picturesque scenes as a backdrop to her poems. - Reggie Candappa. ==================== Book on waterfalls A Guide to the Study of Waterfalls A Guide to the Study of Waterfalls, authored by Dharman Wickremaratne is the first of a series to be published by Lanka Diyaeli Sansadaya. It gives an account of the four waterfalls situated in Colombo District, namely Dambora Ella, Ranmudu Ella, Ella Uda Ella and Kumari Ella. A road map to facilitate their location is also produced. The books is viewed as an attempt to partly enlighten the Sri Lankans on the grave threat posed against these natural endowments. |
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