Srilankan Airlines information

Information about Srilankan Airlines

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SriLankan Airlines refuses to provide information about the CEO's salaries.

SriLankan Airlines' Right to Information (RTI) Commission has rejected an allegation by SriLankan Airlines that it is exempted from disclosing information such as salary and benefits of its Chief Executive Officer (CEO) as it does not come under the RTI Act. The Commission in its 23 March 23 March decision states that Sri Lankan Airlines undoubtedly comes within the scope of the RTI Act.

Furthermore, the Commission states that the'cure and remedy' suggested in the RTI Act should not be made superfluous. Nor must the intention of the legislature to promote "a transparent and accountable public administration culture" be abandoned. The Commission considers that it would be atrocious to adopt a decision which would place the domestic airline outside the public authority defined in the RTI Act.

"That would open up the opportunity that not only the responding domestic carriers, but also a large number of other undertakings consider it appropriate to allegedly take advantage of this waiver and to move outside the scope of application of the RTI Act, which leads to 43(e) of the said Act being limited to futility", she confirms.

Now SriLankan Airlines can appeal against the appeal court's ruling. It requires further spending of government resources on the efforts of the troubled airline to retain information about wages, bonuses and services of the Chief Executive Officer, Head of Human Resources and Chief Commercial Officer, information related to its business with Pakistan International Airlines, information about the annulment of the Airbus A350 contract and information about the costs of Sri Lanka's individual flight education for the Chief Executive Officer.

This request for such information was first made in June 2017 by the Airline Pilots' Guild of Sri Lanka (APGSL) under the RTI Act. In September 2017, the guild lodged an appeal against its refusal with the RTI Commission. APGSL submitted applications in writing in December 2017, January and February of this year.

SriLankan Airlines, the interviewee, submitted its applications in January and February of this year. Sri Lanka raised a provisional argument during the consultations that it was not a corporation established under Companies Act No 7 of 2007 and therefore not a 'public authority' within the meaning of Section 43(e) of the RTI Act.

RTI Act defined a partnership as a partnership formed under the Companies Act "in which the State or a government entity or the State and a government entity together own twenty-five percent or more of the capital stock or otherwise have a majority interest". Lankan Airlines filed that it was registered as Air Lanka under the Enterprise Regulation in 1979.

In 1999 it was renamed Sri Lankan Airlines under the Companies Act No 17 of 1982. Subsequently, it was re-registered in accordance with Act on Companies No. 7 of 2007, as requested by the Act. In SriLankan's submission, the RTI Act, Section 43(e), did not define SriLankan as'incorporated' because it was not'incorporated' under the 2007 Act but merely re-registered as an established corporation.

However, Sri Lanka does not deny the fact that it is an institution held by the Government of Sri Lanka. The RTI Commission's ruling states that the Articles of Association of SriLankan Airlines as a private liability corporation under the Companies Act 2007 designate it as an "existing company" having been entered as a private liability corporation "as a corporation" under the Act.

Although a differentiation should be made between a corporation established under the 2007 Act and an "existing corporation" established under prior law, this is an artifical differentiation that assumes color for the purpose of the restricted regulation of the system under the 2007 Act at the time of the entry into effect of this Act, and not a differentiation that should persist in the long term.

After more than one year, the airline's argument that the RTI Act was not applicable to it was made by SriLankan Airlines operating in accordance with that Act, which included the nomination of an information officer and a designated civil servant, the Commission notes. Sri Lankan Airlines has also recorded that it has been included in its formal records under the Companies Act (2007) and in the disclaimer available on its website.

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