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Laws of Sri Lanka

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SLR - 1978-79 Vol.2- P10
SLR - 1978-79 Vol.2, Page No - 10 WIMALASENA v. NAVARATNE AND TWO OTHERS COURT OF APPEAL RATWATTE, J. AND ATUKORALE, J. C.A. 811/78 FEBRUARY 12, 1979 Industrial Disputes Act, sections 4(1), 31 B (2) (b) - Reference to arbitration by Minister -Proceedings already pending in Labour tribunal-whether such reference valid - whether interference with judicial proceedings then pending- Powers of Minister under section 4 (1). The question that arose for consideration in this case was whether the Minister of Labour has the power to refer an industrial dispute for arbitration under section 4(1) of the Industrial disputes Act when there was at the time an inquiry pending in the Labour tribunal regarding the same dispute. By virtue of the operation of section 31(B) (2) (b) a proceeding pending before the Cont..
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SLR - 1978-79 Vol.2- P220
SLR - 1978-79 Vol.2, Page No - 220 Obeysekera v. Albert and Others COURT OF APPEAL. SOZA, J. AND ABDUL CADER, J. C.A. (S.C.) APPLICATION NO. 871/78. APRIL 2, 1979. Writ of Certiorari-Application to quash award of arbitrator under Industrial Disputes Act-Objection that another remedy avilable Whether Court of Appeal would exercise its discretion in these circumstances-Industrial Dispute Act, section 20 (1). Where in an application for Writ of Certiorari to quash an award made by an arbitrator in respect of an industrial dispute the objection was taken that this remedy should not be granted as the petitioner had another remedy by virtue of section 20 (1) of the Industrial Disputes Act, and could repudiate the award in terms of that sub-section : Cont..
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SLR-1978-79 Vol.2-P287
SLR - 1978-79 Vol.2, Page No - 287 Perera v. Dharmadasa COURT OF APPEAL. COLIN-THOME, J. AND DE ALWIS, J. C.A. (S.C.) 254/77 WITH S.C. 237/71-L.T. MATARA M/972. OCTOBER 8, 1979. Labour Tribunal,-Workman, employed in accepting bets an horse races Illegal trade-Whether contract of employment enforceable-Termination of services-Right to relief-Betting on Horse Racing Ordimincei (Cap. 44) sections 3, 11. The applicant-respondent was employed under the employer-appellant as a clerk cum cashier. He did the work of accepting bets on horse racing and he received a percentage of the collection as commission. On his services being terminated, he made an application to the Labour Tribunal and obtained an order in his favour against the employer-appellant for compensation. In appeal it was submitted on behalf of the employer-appellant that as the appli cant-respondent was engaged in an Cont..
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SLR - 1978-79 Vol.2- P6
SLR - 1978-79 Vol.2, Page No - 6 ST. ANTHONY'S HARDWARE STORES LTD. v. RANJIT KUMAR AND ANOTHER COURT OF APPEAL WIMALARATNE, P. AND VICTOR PERERA, J. C. A. APPLICATION NO. 1461/78 JUNE 21, 1979 Termination of Employment of Workmen (Special Provisions) Act, No. 45 1971, sections 2, 6-Services of workman terminated for incompetence-Reinstatement and payment of back wages ordered by Commissioner of Labour--Jurisdiction to make such order-Is such termination one imposed as a punishment by way of disciplinary action. Held Termination of the services of a workman on the ground of inefficiency or incompetence is not termination " by reason of punishment imposed by way of disciplinary action " within the meaning of section 2 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971. Cont..
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SLR-1978-79 Vol.2-P6
SLR - 1978-79 Vol.2, Page No - 6 ST. ANTHONY'S HARDWARE STORES LTD. v. RANJIT KUMAR AND ANOTHER COURT OF APPEAL WIMALARATNE, P. AND VICTOR PERERA, J. C. A. APPLICATION NO. 1461/78 JUNE 21, 1979 Termination of Employment of Workmen (Special Provisions) Act, No. 45 1971, sections 2, 6-Services of workman terminated for incompetence-Reinstatement and payment of back wages ordered by Commissioner of Labour -Jurisdiction to make such order-Is such termination one imposed as a punishment by way of disciplinary action. Held Termination of the services of a workman on the ground of inefficiency or incompetence is not termination " by reason of punishment imposed by way of disciplinary action " within the meaning of section 2 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971. Accordingly the Commissioner of Labour has jurisdiction to inquire into and make order under this Cont..
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SLR - 1980 Vol.2- P36
SLR - 1980 Vol.2, Page No - 36 Ceylon Tyre Rebuilding Co., Ltd. v. Perera and Others COURT OF APPEAL. WIMALARATNE, P. AND K. C, E. DE ALWIS, J. C.A. APPLICATION 2062/78. SEPTEMBER 25, 1980. Industrial Disputes Act-Minister's reference to arbitration under section 4 (1)-Same dispute pending before Labour Tribunal-Validity of the reference. The petitioner Company terminated the 1st respondent's services as Secretary to the Company. Whilst the 1st respondent's application to the Labour Tribunal was pending, the 3rd respondent, as Minister of Labour, made an order under section 4 (1) of the Industrial Disputes Act referring the dispute for arbitration by the 2nd respondent. The petitioner's objection to the arbitrator's jurisdiction was disallowed and the petitioner made Cont..
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SLR - 1981 Vol.1- P185
SLR - 1981 Vol.1, Page No - 185 THIRUNAVAKARASU V. SIRIWARDENA AND OTHERS SUPREME COURT SAMARAWICKREMA J, ISMAIL J. AND WANASUNDERA J. S. C. 33/80 C. A. APPLICATION NO. 669/78 C. A. (L. A.) No .14/80 S. C. JANUARY 22ND AND 23, 1981. Writs-Certiorari and Mandamus-S 20(1) and s 34 Industrial Disputes Act - Interpretation of Award. - Failure to quantify award - Jurisdiction-Regulation 29 made under Industrial Disputes, Act -Right of arbitrator to correct clerical and arithmetical error -Repudiation. Regulation 29 (made under the Industrial Disputes Act) allows an arbitrator to correct any clerical or arithmetical error in the award. This is a merely ministerial or administration act and can be exercised ex mero motu by the tribunal and in the absence of the parties. On other hand the powers given by s 34 of the Industrial Disputes Act are markedly different and can only be exercised by Cont..
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SLR - 1981 Vol.2- P223
SLR - 1981 Vol.2, Page No - 223 THE STATE DISTILLERIES CORPORATION v. MARY NONA COURT OF APPEAL. RATWATTE, P. AND TAMBIAH, J. C. A. 3/79-WORKMEN'S COMPENSATION C3/G/7/78. JANUARY 21,1981. Workmen's Compensation Ordinance (Cap. 139), section 3-Death of workman owing to heart attack- Employed as lorry driver working long hours-Medical evidenceWhether "accident" arising out of and in the course of his employment. The deceased workman who was a lorry driver employed by the appellant-Corporation died of an heart attack in the course of his employment. According to the medical evidence the heart attack was sudden and it was possible that the long hours of driving which the workman had done could have contributed to heart disease. It was submitted on behalf of the appellant that the Deputy Commissioner of Workmen's Compensation had misdirected himself in law in holding that the workman's Cont..
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SLR-1982 Vol.1-P123
SLR - 1982 Vol.1, Page No - 123 COURT OF APPEAL Samarasinghe v. De Mel and Another C.A. Application No. 866/76 Mandamus - Termination of Workmen (Special Provisions Act) Section 2(2) - Power of Commissioner of Labour to make award - Circumstances in which Writ of Mandamus would not be available. The Petitioner was an employee of Messrs Harrison and Crossfield (Colombo) Ltd. Business declined in 1975 when estates were taken over by the Land Reform Commission and for diverse other reasons. In these circumstances Messrs H & C wrote to the Commissioner of Labour in terms of the Termination of Workmen (Special Provisions) Act requesting permission to terminate services of Petitioner and a few others. Commissioner of Labour granted permission subject to the condition that gratuity, leave payments and E.P.F. payments be made. (No mention was made of compensation). Messrs. H & C complied with the conditions and terminated the Petitioners services. The Petitioner complained that the Commissioner had a statutory duty to award compensation also in terms of the Act and applied for a Writ of Mandamus on the Commissioner of Labour directing him to order payment of compensation. Cont..
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SLR - 1982 Vol.1- P180
SLR - 1982 Vol.1, Page No - 180 SUPREME COURT British Ceylon Corporation v. C.J. Weerasekera & Others S.C. 34/81 & S.C. 35/81 - C. A. 90/77 & C. A. 91/77 Industrial Disputes Act. Section 4(1) Validity of Minister's order challenged. Necessity of making Minister party to proceedings. Business Undertaking (Acquisition) Act Section 4(1) - Vesting of Rights and Liabilities of the Company in the Government. 2nd and 3rd Respondents were employees of the Appellant. Their services were terminated on 30.9.63. They sought relief under Industrial Disputes Act. The Minister referred matter to Arbitration under S.4(1) , but for various reasons had to make a number of revocations and fresh references. Ultimately 1st R as arbitrator made award stating that termination of services was not justified. However, before award was made the business of the company together with its rights and liabilities under subsisting contracts and agreements vested in the Government in terms of S.4 (1) of the Cont..
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SLR-1982 Vol.1-P97
SLR - 1982 Vol.1, Page No - 97 COURT OF APPEAL Free Lanka Trading Co. Ltd. v Commissioner of Labour C.A. No. 179/81 - M. C. Colombo 77102/4 Employees' Provident Fund Act Section 38 - Finality of Certificate. Defaulter allowed to show cause. The Commissioner of Labour filed a certificate with the Magistrate in proceedings instituted by the Commissioner of Labour for the recovery of certain sums of money due to the Provident Fund from the Petitioner on the grounds that such sums were in default. The petitioner on being asked to show cause in terms of Section 38 sought to make certain objections on points of law. The Magistrate disallowed these objections on the grounds that the Cont..
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SLR - 1982 Vol.2- P427
SLR - 1982 Vol.2, Page No - 427 SHAW WALLACE AND HEDGES LTD. v. PALMERSTON TEA CO. LTD. AND OTHERS SUPREME COURT SAMARAKOON, C. J., WANASUNDERA, J., AND SOZA, J. S.C. APPEAL NO. 9/81; 21/82 MAY 19, 1982. Industrial dispute - Termination of employment - Industrial Disputes Act, s. 48 - Who is an 'Employer' - Land Reform Law, Section 42 B 5 (a) The petitioner was employed as Superintendent, Queensland Estate, Maskeliya. His services were terminated on 27.05.71. The estate was owned by Palmerston Tea Co. Ltd. and managed by Shaw Wallace and Hedges Ltd. who were both managing agents and secretaries. Cont..
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SLR - 1982 Vol.2- P595
SLR - 1982 Vol.2, Page No - 595 THE ASSOCIATED NEWSPAPERS OF CEYLON LTD. v. JAYASINGHE SUPREME COURT SAMARAKOON, C.J., WANASUNDERA, J., AND SOZA, J. S.C. APPEALS 10/81 AND 13/81. C.A. 183 AND 185 OF 1978. L.T. 12/6759/77 AND 13/6772/77 JUNE 22, 1982. Industrial Dispute - Industrial Disputes Act, section 31B - Regulations 15 and 57 - Constitution of 1972, Article 11 Language of Courts (Special Provision) Law No. 14 of 1973. The petitioners were employees of the respondent who terminated their services. The Labour Tribunal held that their termination was unjustified and awarded them back wages in lieu of reinstatement and compensation to both. Cont..
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SLR-1982 Vol.2-P629
SLR - 1982 Vol.2, Page No - 629 NATIONAL SAVINGS BANK v. CEYLON BANK EMPLOYEES' UNION SUPREME COURT WANASUNDERA, J., WIMALARATNE, J., AND SOZA, J, S.C. 5/82. S.C. SP.L. A. 104/81. C.A. 542/80. L.T. 1/17594/79. JULY 14, 1982. Termination of employment - Cheating at examination - Misconduct sufficient for dismissal - Banks' special duty to ensure honesty of its employees. The appellant dismissed one Sarath Amarasuriya for cheating at an examination conducted by the Bankers Training Institute. Cont..
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SLR - 1982 Vol.2- P753
SLR - 1982 Vol.2, Page No - 753 SAVOY THEATRES LTD. v. PARUSELLA. COURT OF APPEAL TAMBIAH, J., AND G.P.S. DE SILVA, J. CA (SC) 170/78; LT NO. 17/5011; SEPTEMBER 16, 1982. Industrial Disputes Act - Application for reinstatement and back wages by dismissed employee - Wrong 'person named as respondent - Death of respondent and substitution of his heir-Fresh substitution of new party -Jurisdiction -Acquiescence. The applicant filed these proceedings against one C.V. de Silva, Managing Director of Savoy Theatres Ltd. where he (the applicant) worked as manager seeking reinstatement and back wages on the ground of unjust termination of his services. When proceedings were pending C.V. de Silva died whereupon the applicant moved and obtained an order substituting C.V. de Silva's daughter Mrs. R. P. de Silva. Mrs. R. P. de Silva objected to the substitution. This was followed by the Cont..
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SLR - 1982 Vol.2- P793
SLR - 1982 Vol.2, Page No - 793 A. F. JONES (EXPORTERS) CEYLON LTD., v. BALASUBRAMANIAM SUPREME COURT WANASUNDERA, J., RATWATTE, J. AND SOZA, J. S.C. APPEAL No. 53/81 CA. APPEAL No. 700/76 M.C. COLOMBO No. 72083/A MARCH 5 AND 29, 1982 Industrial Law - Industrial Disputes Act, ss. 8 and 10 - Collective agreement -Minister's right to extend application of selected clauses of collective agreement - Recognised terms and conditions - Failure, by employer to pay in terms of extension. Whatever benefits a workman would be entitled to by way of an extension of an application of a collective agreement are either the terms and conditions set out in the agreement or terms and conditions not less favourable than the terms and conditions set out in the agreement., Under Cont..
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SLR - 1983 Vol.2- P298
SLR - 1983 Vol.2, Page No - 298 CHARLIS SILVA v. ARIYADASA COURT OF APPEAL L. H. DE ALWIS, J. AND H. A. G. DE SILVA, J. C. A. 4/79, W. C. CASE No. 03/P65/77 BRA/369, 26 AND 27 JANUARY 1983. Power of Attorney - Workmen's Compensation - Application by dependants of deceased workman through attorney - Is Commissioner a civil court? -Validity of power of attorney - Order appointing legal representative over minor - Regulation 12 of Regulations made by Minister. The workman M. P. Piyadasa de Silva died in a motor accident. P. B. Sumanawathie was his mistress she being married to one Ackman. Piyadasa had 3 children by Sumanawathie viz Gamini Jayarama, Lakshman Jayarama and Priyanthie Jayarama. Albert de Silva was Sumanawathie's father, Jane nona was Cont..
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SLR - 1984 Vol.1- P113
SLR - 1984 Vol.1, Page No - 113 EBERT, ACTING COMMISSIONER OF CO-OPERATIVE DEVELOPMENT AND REGISTRAR OF CO-OPERATIVE SOCIETIES v. RANAWEERA AND OTHERS SUPREME COURT. SHARVANANDA, J., WANASUNDERA, J .,WIMALARATNE, J.,COLIN THOME, J. AND ABDUL CADER, J. S C No 18/83 - C A. (S. C) APPLICATION No. 506/73 FEBRUARY 14, 1984. Application to Labour Tribunal by employee dismissed by Co-operative Textile Societies Union Ltd. -Finding of President, Labour Tribunal that termination of services was unlawful - Section 31 B of Industrial Disputes Act - Section 53 of Co-operative Societies Ordinance (Cap 124) - Rule 38 (1) (b) of the Co-operative Societies Rules 1950 - Reference of dispute between Co-operative society and its employee to arbitrator by registrar-Validity of such reference- Does finding of President of Labour Tribunal terminate dispute and leave no dispute for arbitration? - Difference between inquiry by Labour Tribunal and arbitration. Cont..
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SLR - 1984 Vol.1- P186
SLR - 1984 Vol.1, Page No - 186 WINIFREEDA MILLS LIMITED v. W. TILLEKERATNE, ARBITRATOR AND OTHERS COURT OF APPEAL SENEVIRATNE, J AND T. D. G. DE ALWIS, J C.A No. 956/82-INDUSTRIAL DISPUTE ARBITRATION No A/1921 OCTOBER 27, 1983. Certiorari - Dispute between group of workmen of a union and employer - Reference of dispute by Minister to Arbitration - Does earlier dismissal of individual applications of some workmen as they were time-barred estop arbitration? - Section 31 B(5) of Industrial Disputes Act. The Minister of Labour referred a dispute between a group of workmen belonging to a union and the petitioner Mills, their employer, for arbitration. The workmen had made individual applications to the Labour Tribunal for relief against the petitioner Mills but these applications had been Cont..
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SLR - 1984 Vol.1- P189
SLR - 1984 Vol.1, Page No - 189 THAVARAYAN AND TWO OTHERS v. BALAKRISHNAN COURT OF APPEAL H. A. G. DE SILVA, J. AND ABEYWARDANA, J. C.A. 1/81 - L.T. 13/7215/78 DECEMBER 12, 1983. Code of Criminal Procedure Act, No. 15 of 1979, section 322(2) - Industrial Disputes Act (Cap. 131), Section 32 D (2) and (5) - Right to appeal from Order of Labour Tribunal on a question of law only - Petition of Appeal to contain statement of matter of law to be argued - Certificate by Attorney-at-Law that such matter of law is a fit question for adjudication - Domestic Inquiry. The respondent was employed as a waiter in a restaurant owned by the appellants. One night when the restaurant was closed and re-decoration of the premises was being done, the Manager entrusted the keys of the restaurant to the respondent and instructed him to look after the premises. Later in Cont..
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SLR - 1984 Vol.1- P230
SLR - 1984 Vol.1, Page No - 230 PALM PRODUCTS AND SALES CO-OPERATIVE SOCIETY LTD., KILINOCHCHI v. VALLI KANDIAH COURT OF APPEAL. SENEVIRATNE, J. AND ABEYWARDANE, J. C.A. No. 4/80 & C.A. No. 01/1982 - W. C. 30/3442/77D. NOVEMBER 2 AND 3, 1983. Workmen's Compensation Ordinance - Personal injury to member of Co-operative Society - Is compensation awarded by Committee of Society a bar to compensation under Workmen's Compensation Ordinance?- Can member of the Society be -an ?employee' of the Society? - Delay. The Palm Products and Sales Co-operative Society was formed under the Co-operative Societies Law for the promotion of the production, disposal and sale of palm products like toddy and jaggery. Cont..
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SLR - 1984 Vol.1- P66
SLR - 1984 Vol.1, Page No - 66 CEYLON ESTATES STAFF UNION v. SUPERINTENDENT, PALLEKELLE STATE PLANTATION, KANDY, AND TWO OTHERS COURT OF APPEAL G. P. S DE SILVA, J. AND SIVA SELLIAH, J C.A. APPLICATION No. 366/79-L. T. 3/657/78. JANUARY 17, 1984. Industrial Disputes Act (Cap. 131)-Termination of services -Industrial Disputes (Special Provisions) Law, No.53 of 1973-Computation of time for application to Labour Tribunal against order of termination of services -Interpretation Ordinance (Cap. 2). The applicant-appellant whose services were terminated on 28.2.78 made an application dated 30.8.78 to the Labour Tribunal for reinstatement with back wages or compensation. The Labour Tribunal dismissed the application on the ground that it was time barred since under the Industrial Disputes (Special Provisions) Law, No. 53 of 1973, such application had to be filed within six calendar Cont..
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SLR - 1985 Vol.1- P401
SLR - 1985 Vol.1, Page No - 401 CEYLON MERCANTILE UNION v. CEYLON FERTILIZER CORPORATION SUPREME COURT. SAMARAKOON, C.J., WANASUNDERA, J. AND WIMALARATNE, J. S.C. APPEAL No. 10/83. S.C. SPL. (L/A) No. 129/82 - S.C. No. 123/77. L.T. No. 1/12804-TO 1/13305/75. JULY 16 AND 17, 1984. Contract - Contract of employment - Industrial Disputes Act, s. 48 - Definition of "employer" - Factors creating a contract of service. The Ceylon Mercantile Union (appellant) made an application to the Labour Tribunal on behalf of 502 of its members alleging that the Ceylon Fertilizer Corporation (1st respondent) had unjustly terminated the services of the said 502 workers and asked for their reinstatement with back wages. or in the alternative compensation and gratuity. The applicant Union named the Hunupitiya Labour Co- Cont..
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SLR - 1985 Vol.2- P143
SLR - 1985 Vol.2, Page No - 143 PAKISTAN INTERNATIONAL AIRLINES CORPORATION v. YASEEN OMAR COURT OF APPEAL. B. E. DE SILVA, J. AND BANDARANAYAKE, J. C.A. 503/75F. C.A. 616/75F - D.C. COLOMBO A/89/Z. APRIL 29, 30 AND MAY 2, 1985. Contract of employment - Industrial Disputes Act - Scheduled employment-Sections 2(1), 3(1), 5, 11 and 19 of Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 - Burden of proof - Section 106 of the Evidence Ordinance - Framing of issues - Section 79 and section 146 of the Civil Procedure Code - Shop and Office Employees Act s. 68. The defendant Corporation employed the plaintiff Yaseen Omar as its District Sales Manager in Colombo but terminated his services with effect from 31.12.1974. The plaintiff claimed the termination was illegal and in violation of section 2(1) of the Termination of Services of Workmen (Special Provisions) Act, No. 45 of 1971, and prayed for an injunction restraining the defendant Cont..
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SLR-1985 Vol.2-P143
SLR - 1985 Vol.2, Page No - 143 143 PAKISTAN INTERNATIONAL AIRLINES CORPORATION v. YASEEN OMAR COURT OF APPEAL. B. E. DE SILVA, J. AND BANDARANAYAKE, J. C.A. 503/75F. C.A. 616/75F - D.C. COLOMBO A/89/Z. APRIL 29, 30 AND MAY 2, 1985. Contract of employment - Industrial Disputes Act - Scheduled employment-Sections 2(1), 3(1), 5, 11 and 19 of Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 - Burden of proof - Section 106 of the Evidence Ordinance - Framing of issues - Section 79 and section 146 of the Civil Procedure Code - Shop and Office Employees Act s. 68. The defendant Corporation employed the plaintiff Yaseen Omar as its District Sales Manager in Colombo but terminated his services with effect from 31.12.1974. The plaintiff claimed the Cont..
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SLR-1986 Vol.1-P1
SLR - 1986 Vol.1, Page No - 1 CEYLON TOBACCO CO., LTD. v. J. ILLANGASINGHE, PRESIDENT, LABOUR TRIBUNAL AND OTHERS COURT OF APPEAL. ABEYWARDENA, J. AND G. P. S. DE SILVA, J. C. A. APPLICATION No. 1073/80 L. T. 2/13050/80. JULY 26, 1985. Can remedy under Industrial Disputes Act s.31 be sought where a workman has already sought relief under Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 ? - Meaning of expression "Legal remedy " - S. 31 B (1) and (5) of Industrial Disputes Act. The 2nd respondent was employed in the Kandy office of the petitioner as a stenographer (designated Secretary) on contract on a temporary basis for six months ending 12.8.1979. She had previously served in the Colombo office of the petitioner on contract for varying periods as private and confidential Secretary. When the 2nd respondent's contract ended on 12.8.1979 her employment ceased and she was paid a terminal benefit as gratuity. Cont..
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SLR - 1986 Vol.1- P287
SLR - 1986 Vol.1, Page No - 287 CEYLON CERAMICS CORPORATION v. G. G. PREMADASA COURT OF APPEAL. H.A.G. DE SILVA, J. AND DHEERARATNE, J. C.A. No. 12/80-L.T. 1/7742/75. SEPTEMBER 16, 1985. Industrial Disputes Act- Termination of probationer's services -Meaning of "probation"-Bona fides- Point of law taken for the first time in appeal. The services of a probationer can be terminated during the period of his probation if his services are not considered satisfactory. Such termination is not unlawful or unjustifiable provided it is bona fide. Semble: Cont..
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SLR - 1986 Vol.1- P365
SLR - 1986 Vol.1, Page No - 365 M/s. MOOSAJEES LIMITED v. RASIAH COURT OF APPEAL. MOONEMALLE, J, AND BANDARANAYAKE. J. C.A. 131/82. L.T .No. 2/13167/80. NOVEMBER 20, 1985. Industrial Disputes Act - S. 31 B(1) - Termination of services of probationer within the probationary period. A probationer has no right to be confirmed in his post and the employer is not bound to give any reason as to why he does not confirm the probationer. The employer is the sole judge to decide whether the services of a probationer are satisfactory or not. The employer is not bound to show good cause where he terminates the services of a probationer at the end of the term of probation or even before the expiry of that period. The tribunal cannot sit in judgment over the decision of the Cont..
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SLR - 1986 Vol.2- P173
SLR - 1986 Vol.2, Page No - 173 HEWAGAM KORALE EAST MULTI-PURPOSE CO-OPERATIVE SOCIETY LIMITED, HANWELLA v. HEMAWATHIE PERERA AND ANOTHER COURT OF APPEAL. BANDARANAYAKE, J. AND PERERA. J. C.A. 239/81. R/12613 - 19/AV/40/79. FEBRUARY 17, 1986. Appeal from order of Labour Tribunal - Appeal filed in time but Trade Union applicant on behalf of the workman not made respondent to appeal - Can amendment be allowed? Where the employer filed an appeal from the order of the Labour Tribunal within the Prescribed time but failed to make the Trade Union which acting on behalf of a workman had instituted the proceedings in the Labour Tribunal a respondent. Cont..
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SLR - 1987 Vol.1- P1
SLR - 1987 Vol.1, Page No - 1 KULATUNGA, LABOUR OFFICER, COLOMBO SOUTH v. DODANGODA AND OTHERS COURT OF APPEAL. ABEYWARDENA, J. AND P. R. P. PERERA, J. C.A. No. 39/84-M.C. COLOMBO No. 25919/4. SEPTEMBER 2, 1986. Industrial Dispute-Arbitration-Repudiation of arbitrator's award-Industrial Disputes Act, Chapter 131, as amended, (sec. 40 (1) (a), sec. 43(l), sec. 43(4), sec. 20(2) (a)) - When will the repudiated award cease to have effect? An award dated 29.10.1981 was made by an arbitrator in terms of sec. 17 of the Industrial Disputes Act. This award was gazetted on 27.11.1981. The accused respondents who are the employers repudiated the award by written notice to the commissioner, which was gazetted on 12.2.1982. On 19.5.1982 plaint was filed in the Magistrate's Court charging the accused-respondent, with committing an offence, under sec. 40(1)(a) of the Industrial Disputes Act as amended, for non- Cont..
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SLR - 1987 Vol.1- P281
SLR - 1987 Vol.1, Page No - 281 ALL CEYLON COMMERCIAL AND INDUSTRIAL WORKMEN'S UNION (ON BEHALF OF S. M. RANDENIYA) v. COLLETTES LTD. COURT OF APPEAL. JAYALATH, J. AND RAMANATHAN, J. C A. 67/81. L T.13/6430/77. JUNE 18, 1986. Industrial Disputes Act s. 31 8(1) -. Death of workmen for whom Trade. Union sued - Heirs and successors of deceased workman. - Aggrieved person - S. 358 of Code of Criminal Procedure Act. Where a Trade Union had filed an application under the Industrial Disputes Act s. 31 B (1) on behalf of a worker, and the worker died pending appeal no question of substitution arises. The Trade Union can continue the appeal. The benefit of the decision will accrue to the heirs and successors of the workman in respect of compensation, gratuity, backwages and other emoluments as Cont..
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SLR - 1987 Vol.1- P395
SLR - 1987 Vol.1, Page No - 395 THE STATE BANK OF INDIA v. EDIRISINGHE AND OTHERS COURT OF APPEAL. BANDARANAYAKE, J. AND WIJETUNGA. J. C.A. APPEAL No. 1070/80. OCTOBER 15, 16. NOVEMBER 10, 11 AND 12, 1386. Certiorari-Industrial Disputes Act, s-4 (1), 33 (1) (e) and 48-Retirement-Resignation-Termination of - employment-Retiral situation -Pension -Gratuity-Arbitration-Award-ArbitraI power-Judicial power-Appointment by Judicial Service Commission-Jurisdiction-Objection'-to Jurisdiction. The petitioner counted 25 years service in the State Bank of India. When he was 48 years old he sought permission to retire so as to be able to accept an appointment in the Hatton National Bank. The petitioner pointed out that there was risk to the continuity of his service as the Bank would have to be incorporated in Sri Lanka if it was to continue business in Sri Lanka. If the Bank was not prepared to permit retirement he was resigning. The Bank wrote back treating him as having Cont..
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SLR - 1987 Vol.2- P203
SLR - 1987 Vol.2, Page No - 203 CEYLON ESTATE STAFFS UNION v. LAND REFORM COMMISSION SUPREME COURT. SHARVANANDA, C. J., ATUKORALE, J. AND H. A. G. DE SILVA, J. S.C. No. 7/86, C.A No: 1092/83. MARCH 30, 1987. Certiorari-Industrial Disputes Act No. 43 of 1959 s. 4(1)-Arbitration Award-Vesting of Estate in Land Reform Commission-Land Reform Law s. 42 (B) 5(a)-Land Reform (Special Provisions) Act No. 39 of 1981 s. 27A-Land Reform Amendment Law No. 39 of 1975 s. 42H. One Nandasena an employee of Halpe Estate belonging to Ceylon Rubber Co. Ltd. was interdicted from his employment on 17-07.19 75 on being taken into custody on an accusation of attempted murder by poisoning of the Superintendent of the Estate. He was acquitted by the High Court on 13.09.77 on withdrawal of the indictment but was not reinstated. On a reference to arbitration dated 21.01.81 under the Industrial Disputes Act No. 43 of 1959 s. 4(1) the arbitrator made award on 28.02.83 Cont..
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SLR - 1987 Vol.2- P259
SLR - 1987 Vol.2, Page No - 259 SAMSU v. CEYLON PETROLEUM CORPORATION COURT OF APPEAL. ABEYWARDENE, J. WORKMEN'S COMPENSATION 578. CA 3/84. JUNE 10, 1987. Workmen's Compensation-Occupational disease-Occupational disease not listed within Schedule Ill of the' Workmen's Compensation Ordinance. Oil dermatitis is not an occupational disease listed in the Schedule of diseases listed in Schedule III of the Workmen's Compensation Ordinance. A workman employed as an oil tank gauger who suffered from oil dermatitis which caused him to lose his job owing to frequent absence from work cannot be awarded compensation as the particular disease is not listed as an occupational disease in the said Schedule III. Cont..
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SLR - 1987 Vol.2- P73
SLR - 1987 Vol.2, Page No - 73 CEYLON WORKERS CONGRESS v. JANATHA ESTATES DEVELOPMENT BOARD AND ANOTHER SUPREME COURT. WANASUNDERA, J., ATUKORALE, J. AND H. A. G. DE SILVA, J. S.C. APPEAL No. 64/85. C.A. APPEAL No. 52/80. L.T. BADULLA CASE No. B/11328. FEBRUARY 6, 1987. Industrial Disputes Act-Suspension of services-Constructive termination-Domestic inquiry. Where a workman continued in forcible occupation of a line room in defiance of the orders of the Superintendent to get back to the line room earlier occupied by him and the Superintendent thereupon suspended him from work until he vacated the line. room being forcibly occupied by him Held : Cont..
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SLR - 1989 Vol.1- P124
SLR - 1989 Vol.1, Page No - 124 SITHAMPARANATHAN v. PEOPLE'S BANK SUPREME COURT RANASINGHE. C J. TAMBIAH, J. AND AMERASINGHE. J. S.C. APPEAL NO. 47/86 C.A. NO. 34/80 LT. NO. 1/11038/74 OCTOBER 31 AND NOVEMBER 1, 1988. Industrial Dispute - Evaluation of evidence - Question of law - Review of evidence by Appellate Court - Wrongful termination a Bank's Service - Loss of confidence- Selective punishment- Nature of awardable relief. At the relevant time the appellant was the Officer-in-Charge of the Corporate Department of the respondent People's Bank while one P.M.P. Peiris was the Officer-in-Charge and Ledger Officer of the Savings Department, During the lunch hour (1 2 noon to 1.00 p.m.) the appellant covered Peiris Cont..
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SLR - 1989 Vol.1- P347
SLR - 1989 Vol.1, Page No - 347 PERERA v. MARIKAR BAWA LTD. COURT OF APPEAL C. A. NO. 502/80 L. T. COLOMBO NO. 2/5638/73 VIKNARAJAH, J. MARCH 17, 1989. Industrial Disputes - Industrial Dispute Act - Independent Contractor -Contract of Service and Contract of Services - Workman - Test applicable -Termination. The appellant was the Head Cutter of the respondent Company. He was provided with a cubicle but employed his own workmen and used his own tools. The Company passed on tailoring orders to him and on execution he was paid a commission from the collections for each month. The Company collected the payment from the customer and kept the accounts. The appellant did not sign the attendance register and was not entitled to a bonus like other employees. The question was whether appellant Cont..
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SLR-1989 Vol.2-P137
SLR - 1989 Vol.2, Page No - 137 HASSAN v. FAIRLINE GARMENTS INTERNATIONAL LTD. AND OTHERS SUPREME COURT S.C. APPEAL No. 50/88, CA. APPLICATION No. 1064/87, T.E.U./C/56/85, ATUKORALE, J., H.A.G. DE SILVA, J., AND BANDARANAYAKE, J. MAY 12TH, 25TH AND 26TH AND JUNE 06TH, 1989. Industrial dispute - Termination of employment - Transfer of the worker to a different establishment without consent - Is such right implicit in every contract of service in the absence of contractual provisions or statutory provisions to the contrary. Assignment of new functions to the workman - Did the contract of employment permit it? - In any event does the transfer in law amount to a termination? - Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 as amended by Cont..
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SLR - 1989 Vol.2- P199
SLR - 1989 Vol.2, Page No - 199 E. S. FERNANDO v. UNITED WORKERS UNION AND ANOTHER SUPREME COURT RANASINGHE, C.J., G- P. S. DE SILVA, J., AND JAMEEL, J. S.C. APPEAL NO. 38/86 - Ref. A 1757 C.A. APPLICATION NO. 444/80 CA/LA (S.C.) NO- 10/86 OCTOBER 31, 1989 Industrial Disputes Act, section 4(1) and 20 - Writ of certiorari - Termination for disobedience of lawful order - Strike in support of such termination - Repudiation of Award - Is repudiation an alternative remedy so as to disentitle a party to move for a writ of certiorari ? A workman G who was the branch Secretary of the United Workers Union was dismissed for unauthorised absence and refusal to obey a lawful order given by the manager. Ten other workers struck work on Cont..
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SLR-1989 Vol.2-P254
SLR - 1989 Vol.2, Page No - 254 CEYLON COLD STORES LTD. v. SRI NANDALOCHANA AND ANOTHER SUPREME COURT RANASINGHE, C.J., G.P.S. DE SILVA, J., AND JAMEEL, J. S.C. APPEAL 43/87 CA (LA-SC) 8/87 CA 621/81 LT 2/15052/81 SC APPEAL 44/87 CA (LA-SC) 9/87 CA 622/81 LT 2/15053/81 NOVEMBER 09, 1988 industrial Dispute - Gratuity - Is gratuity payable to an employee who resigns -Payment of Gratuities Act, No. 12 of 1983, ss. 3, 5 and 6 - Computation during period before the Act. Cont..
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SLR - 1989 Vol.2- P304
SLR - 1989 Vol.2, Page No - 304 CEYLON MEAT PRODUCTS LTD. v. MRS. C. FERNANDO COURT OF APPEAL WIJETUNGA, J. C.A. NO. 398/81 L.T. NO. 2/11105/78 JANUARY 26, 1989 Industrial Dispute - Refusal to accept variation in terms of employment - Termination - Sufficiency of pleadings - Industrial Disputes Regulations. 1958, Regulations 15 and 31 - Industrial Disputes Act, s. 31B - Can a Director also serve as an employee of the Company? The applicant was a Sounder Director of the respondent Company and also its Production Manager from 1965. On 19.10.77 she resigned from the Directorate. In her application she had failed to state that she had been a Founder Director of the Company. She also failed to file a replication when served with the answer. Cont..
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SLR - 1989 Vol.2- P409
SLR - 1989 Vol.2, Page No - 409 MARTIN v. WIJEWARDENA SUPREME COURT RANASINGHE. C J., JAMEEL, J AND AMERASINGHE, J. S C. REF NO 1 / 89 C.A. NO. 43/86 A.T. KALUTARA NO. 18 /109A MAY 30. 1989 Agrarian Services Act. No. 58 of 1979. Sections 18 (1) and (?) - Failure of tenant-cultivator to pay rents - Forfeiture of tenancy rights Right of appeal -Constitution, Article 138 Appellate jurisdiction of Court of Appeal. Held: Cont..
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SLR-1989 Vol.2-P6
SLR - 1989 Vol.2, Page No - 6 COLLETTES LTD. v. COMMISSIONER OF LABOUR AND OTHERS COURT OF APPEAL VIKNARAJAH, J. AND A. DE Z. GUNAWARDANA, J. C.A. APPLICATION NO. 77/88 MAY 16, 1989 Industrial Law - Workman - Whether Group Managing Director, a workman within the meaning of the Payment of Gratuity Act No.12 of 1983 - Sections 8(1) and 13 - Affidavit - What an affidavit should contain - Full disclosure required in writ and injunction applications. An application for a writ of certiorari was filed by the petitioner to quash an order made by the 3rd respondent, the Assistant Commissioner of Labour awarding gratuity to the 4th respondent in a sum of Rs.87,500/-, and also for a mandate, in the nature of a writ of prohibition against the 1st and 2nd respondents from enforcing the said order. Cont..
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SLR - 1990 Vol.1- P361
SLR - 1990 Vol.1, Page No - 361 CEYLON CEMENT CORPORATION v. FERNANDO COURT OF APPEAL. WIJETUNGA, J. C.A. No. 765/82 - L.T. No. 1/17637/79, FEBRUARY 2, 1990. Industrial Dispute - Industrial Disputes Act, ss. 318, 3 1C -Employment on probation - Right o1 employer to terminate employment during probationary period. The employer is the sole judge to decide whether the services of a probationer are satisfactory or not. A probationer has no right to be confirmed in the post and the employer is not bound to show good cause where he terminates the services of a probationer at the end of the term of probation or even before the expiry of that period. The Tribunal cannot sit in judgment over the decision of the employer. It can examine the grounds for termination only for the purpose of finding out whether the employer had acted mala fide or with ulterior motives or was actuated by motives of Cont..
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SLR-1990 Vol.1-P394
SLR - 1990 Vol.1, Page No - 394 KAMIL HASSAN v. FAIRLINE GARMENTS (INTERNATIONAL) LTD. AND TWO OTHERS SUPREME COURT. FERNANDO, J., KULATUNGA, J. AND RAMANATHAN, J. S. C. APPEAL No. 50 OF 1988, NOVEMBER 29 AND DECEMBER 1, 1989. Industrial Dispute - Termination - Termination of the Employment of Workmen (Special Provisions) Act, No. 45 of 1971, amended by Law No. 4 of 1976 - Non-compliance with Commissioner's order - Rule nisi for contempt - Difference between appeals' and 'applications' for certiorari - Use of contempt proceedings to secure execution - Article 105 (3) of the Constitution. In an application for relief in an industrial dispute the Commissioner's order entitled the petitioner to - Cont..
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SLR - 1990 Vol.1- P84
SLR - 1990 Vol.1, Page No - 84 SRI LANKA STATE PLANTATION CORPORATION v. LANKA PODU SEVA SANGAMAYA (on behalf of 25 workmen) SUPREME COURT. TAMBIAH, J., H. A. G. DE SILVA, J. AND KULATUNGA, J. S. C APPEAL No. 29/87 - C.A. No. 302/79 - L.T. Nos. 191 - 203/78, 3/271 - 280/78, 3/333/78, 3/433/78. MARCH 7, 1989. Industrial Dispute - Termination of employment - Reinstatement - Compensation in lieu of reinstatement - Industrial Disputes Act, sections 33 (3), (5) and (6). (1) Where the termination of service is found to be unjustified, the workman is, as a rule, entitled to reinstatement. An order for payment of compensation is competent in situations referred to in sections (33) (3) (workman in persona) service) and (33) (5) (workman requesting compensation instead of reinstatement) or where such order would be otherwise just and equitable in the Cont..
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SLR-1990 Vol.2-P169
SLR - 1990 Vol.2, Page No - 169 JANATHA ESTATES DEVELOPMENT BOARD AND OTHERS v. KURUKULADITTA COURT OF APPEAL. D.P.S. GUNASEKERA, J. C. A. No. 232/84 - L.T. CASE No. 9/12635/83, JANUARY 16, 1990. Industrial Disputes. - Unjustified termination - Refusal to comply with punitive transfer order. Although an employer has an inherent right to transfer an employee it must be made bona fide. The respondents had found the applicant guilty of a serious act of misconduct without affording him an opportunity of being heard. They had acted unilaterally in transferring him. The order of punitive transfer was arbitrary and the applicant was not bound to comply. Hence the termination was unjustified. Cases referred to Cont..
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SLR - 1990 Vol.2- P310
SLR - 1990 Vol.2, Page No - 310 CEYLON PRINTERS LIMITED AND ANOTHER v. GOONEWARDENA AND OTHERS COURT OF APPEAL, S. N. SILVA J., C.A. No. 30/90, INDUSTRIAL COURT No. A 1996, MAY 21 AND 24 1990. Certiorari and Prohibition-Industrial Dispute - Reference of Industrial dispute for settlement by arbitration under S. 4(1) of the Industrial Disputes Act-Validity of Minister's order - Industrial Dispute - Industrial Disputes Act S. 48 - Regulation 27 of the Regulations dated 25.2. 1959. On 15.9.1983 the then Minister of Labour made order in terms of S. 4(1) of the Industrial Disputes Act referring an industrial dispute between the two petitioner companies and the 2nd respondent union for settlement by arbitration. The 1st respondent was appointed arbitrator. The registration of the 2nd respondent union was cancelled during the pendency of the arbitration and 3rd respondent took over the representation of the members. Cont..
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SLR - 1990 Vol.2- P42
SLR - 1990 Vol.2, Page No - 42 RUBBERITE COMPANY LTD. v. LABOUR OFFICER, NEGOMBO COURT OF APPEAL. S. N. SILVA, J. C. A. 104/86 - M. C. NEGOMBO No. 12492. MARCH 12, 1990 & JUNE 11,1990. Industrial Dispute - Termination of employment - Strike - Invitation to report to work before final date - Refusal of admission to workplace on workers reporting on a later date - Lockout - Prosecution under s. 40 (1) (i) of Industrial Disputes Act - Mens rea. A branch union of a workers union was formed by a number of workmen of the appellant Company. The formation of the union was notified to the management and about the same time the Company terminated the services of 10 of its workers, including some office bearers of the union. The union alleged that the dismissals were acts of victimisation directed at its formation but the Company insisted that it was solely due to the bad attendance of the workmen concerned. The dispute Cont..
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SLR - 1991 Vol.1- P127
SLR - 1991 Vol.1, Page No - 127 NATIONAL LOTTERIES BOARD V. KULATUNGA, LABOUR OFFICER, COLOMBO SOUTH COURT OF APPEAL WIJEYARATNE, J. CA. NO. 176/84 M.C. COLOMBO CASE NO. 23011/4 MAY 24, 1991. Termination of employment - Labour Tribunal order - Enforcement - Industrial Disputes Act, ss 40(1)(e) 43(1), (2), (4), 47A, 31(B) (6) (C) - Penal Code, S. 72. Where a Labour Tribunal ordered an applicant compensation in Rs. 14,569/- in lieu of reinstatement by order dated 30.12.76 and after a change of Government in 1977 the applicant was re-employed on a directive from the Minister of Labour from 12.09.77 and paid a higher salary and also received a sum of Rs. 18,931/67 as compensation from the employer as directed by the Political Victimization Committee, and where the employer was convicted by the Magistrate for failing to comply with the Cont..
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SLR-1991 Vol.1-P222
SLR - 1991 Vol.1, Page No - 222 X (EMPLOYER) V. DEPUTY COMMISSIONER OF LABOUR AND OTHERS COURT OF APPEAL GUNASEKERA, J CA. 46/91; 47/91 M.C. KANDY 84430 & 85865 JUNE 28 AND JULY 02 1991. Evidence - Payment of Gratuity Act, No. 12 of 1983 ss. 8 (1) and (2) - Certificates of Commissioner of Labour - Finality - Meaning of "prima facie evidence" - Showing cause Held: Showing cause against certificates issued under the Payment of Gratuity Act No, 12 of 1983, S.8(1) is not limited to showing that the petitioner was not the person named as defaulter in the certificate, that he has paid the amount specified in the certificate and that he is not resident within the jurisdiction of the Magistrate's Court but also extends to showing that the sums Cont..
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SLR-1991 Vol.1-P227
SLR - 1991 Vol.1, Page No - 227 ATTORNEY GENERAL V. CITY CARRIERS LIMITED COURT OF APPEAL PALAKIDNAR, J CA. APPLICATION NO. 126/85 M.C. MT. LAVINIA CASE NO, 7086 20 MAY, 1991 Employees Provident Fund - Conclusiveness of certificate issued by Deputy Commissioner of Labour- Function and powers of Magistrate's Court. Held; The Certificate filed by the Deputy Commissioner of Labour under section 38(2) of the Employees Provident Fund Act, No. 15 of 1958 as amended by Act, No. 8 of 1971 for recovery of contributions and surcharge is conclusive. There is a statutory bar against the Magistrate permitting evidence to Cont..
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SLR - 1991 Vol.1- P290
SLR - 1991 Vol.1, Page No - 290 PFIZER LIMITED V. RASANAYAGAM COURT OF APPEAL GUNASEKERA, J CA. 146/85 & CA. 147/85 L.T. CASE NO. 21/620 EARLIER NO. 8/11245/80 OCTOBER 04, 10, 29, 1990 NOVEMBER 07, 22, 1990 JANUARY 30, 1991 FEBRUARY 08, 1991 MARCH 13, 1991 AND. JULY 25, 1991 Industrial Dispute - Industrial Disputes Act - Constructive termination and vacation of post Cont..
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SLR - 1991 Vol.1- P397
SLR - 1991 Vol.1, Page No - 397 STATE BANK OF INDIA V. EDIRISINGHE AND OTHERS SUPREME COURT RANASINGHE, C.J., TAMBIAH, J., G.P.S. DE, SILVA, J., KULATUNGE, J,, DHEERARATNE, J., RAMANATHAN, J., WADUGODAPITIYA, J., SC. APPEAL NO. 36/87 SC. SPL. LA NO. 19/87 CA APPLICATION NO. 1070/80 MARCH 04, 05 AND 07, 199 Industrial Dispute - Writ of certiorari - Award of Arbitrator made on reference under section 4(1) Cont..
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SLR - 1991 Vol.2- P382
SLR - 1991 Vol.2, Page No - 382 PREMADASA RODRIGO, v. CEYLON PETROLEUM CORPORATION. SUPREME COURT. BANDARANAYAKE, J., FERNANDO, J., AND AMERASINGHE, J. S. C. APPEAL NO. 29/88. S. C. SPECIAL LA NO. 50/88. C. A. NO. 305/83 LT. NO. 1/ADD/2643/80. SEPTEMBER 10th, 1991. Industrial Law - Termination of employment - Tests of misconduct and disobedience justifying dismissal - Compensation. In the sale of used household and other equipment to the employer the appellant who was the Cont..
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SLR - 1991 Vol.2- P67
SLR - 1991 Vol.2, Page No - 67 SIRISENA VS. DE MEL AND ANOTHER COURT OF APPEAL. A. DE Z. GUNAWARDANA, J. C.A. APPEAL NO. 664/82 L.T. NEGOMBO NO- 21/1196. (PREVIOUSLY, L.T. COLOMBO CASE NO. 8/6383/74), JUNE 12, 25, 1991, AUGUST 19, 1991, AND SEPTEMBER 19, 1991. Industrial Disputes Act - Payment of gratuity should not be confined to retiral situation - Against whom should a claim for gratuity be made when. the employer is dead? - No provision in the Industrial Disputes Act to make heirs liable in their personal capacity. Cont..
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SLR - 1992 Vol.1- P157
SLR - 1992 Vol.1, Page No - 157 CEYLON PLYWOODS CORPORATION v. SAMASTHA LANKA G.N.S.M. & RAJYA SANSTHA SEVAKA SANGAMAYA COURT OF APPEAL S. N. SILVA, J. C.A. NO. 498/81 L.T. NOS. R/19968 ; R/20032 21 MAY, 17 JUNE AND 02 JULY 1991 Industrial Law- Option to retire on agreed scheme on fixed quantum of benefits - Can a Labour Tribunal entertain application for further gratuity? Held: Workmen who elected to retire according to an agreed scheme set out in a circular and received payments in terms of it, cannot make a further application to the Labour Tribunal for gratuity. The retirement and the gratuity and other benefits became the subject-matter of a compromise and an Cont..
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SLR - 1992 Vol.1- P171
SLR - 1992 Vol.1, Page No - 171 SRI LANKA STATE PLANTATIONS CORPORATION AND ANOTHER v. THE NATIONAL UNION OF WORKERS COURT OF APPEAL GUNASEKERA, J. C.A. NO. 975/83 LT 10/4861/83 13 NOVEMBER, 1990, 11 DECEMBER, 1990 & 21 FEBRUARY, 1991 Industrial Law - Just and equitable order - Suspension - Jurisdiction of Labour Tribunal under Industrial Disputes Act, section 31(B) 1. Held: A Labour Tribunal has no power to ignore the weight of evidence or the effect of cross-examination on the vague and insubstantial ground that it would be inequitable to one party to do so. There is Cont..
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SLR - 1992 Vol.1- P63
SLR - 1992 Vol.1, Page No - 63 SRI LANKA STATE PLANTATIONS CORPORATION v. THE PRESIDENT, LABOUR TRIBUNAL, GALLE AND OTHERS COURT OF APPEAL S. N. SILVA, J. C.A. APPLICATION 1194/90 6 & 28 JUNE AND 5 JULY,1991 Industrial Law - Certiorari - Right of State Counsel to appear for a Corporation - Industrial Disputes Act, Section 49. Held The Sri Lanka State Plantations Corporation is established by law and is subject to extensive control by the Government. It is set up with public funds, it manages government land and its profits go to the public coffers. Although nova government department it is not a private institution. It is an agency of the government. Cont..
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SLR-1992 Vol.2-P257
SLR - 1992 Vol.2, Page No - 257 CITY CARRIERS LTD. v. THE ATTORNEY-GENERAL SUPREME COURT BANDARANAYAKE, J. KULATUNGE, J. AND DHEERARATNE, J. S.C. APPEAL NO. 7/91 C.A. NO. 126/85 M.C. MT. LAVINIA NO. 7086 6 MAY 1992. Industrial Law - Employees Provident Fund Act No. 16 of 1958 amended by Act No. 8 of 1971 - Requirements of the Certificate for recovery filed under s. 38 (2) of the the Employees Provident Fund Act - Question of law raised for the first time in appeal. Section 38 (2) of the Employees Provident Fund Act No. 16 of 1958 as amended by Act No. 8 of 1971 Cont..
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SLR - 1992 Vol.2- P260
SLR - 1992 Vol.2, Page No - 260 INDUSTRIAL & GENERAL WORKERS UNION v. P. C. IMBULANA AND OTHERS COURT OF APPEAL H. W. SENANAYAKE, J. C.A. 432/88 A/2033 11 MAY 1992. Writs - Certiorari - Industrial Law - Collective Agreement - Validity of extension of selected clauses of the agreement. It is only the entirety of a Collective Agreement that could be extended and not selected clauses. Case referred to: Jones v. Balasubramaniam. S.C. Appeal No. 58/81 CA Appeal No. 700/76 M.C. Colomblo 72083/A SC Minutes of 18.5.82 Cont..
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SLR - 1993 Vol.1- P 191
SLR - 1993 Vol.1, Page No - 191 EAST WEST RESEARCH & DESIGN (PVT) LTD. v. WEERAKOON, COMMISSIONER OF LABOUR COURT OF APPEAL. S. N. SILVA, J., EDUSSURIYA, J. CA APPLICATION NO. 322/92. HCRA NO. 82/91. MC COLOMBO 11456/5. JANUARY 28, 1993. Company Law-Winding-Up of Company incorporated under the Companies Act, No. 17 of 1982 - Winding- up order made by the District Court and a liquidator appointed - Order against the Company for payment of compensation to a dismissed workman by Labour Tribunal - Right to prosecute the Company in the Magistrate's Court for not complying with order of Labour Tribunal while winding - up is pending and a liquidator is appointed - Necessity for sanction of District Court which ordered the winding-up - Industrial Disputes Act - Section 40 (1)(q) - Companies Ordinance Section 171 - Sections 264, 259, 261 of the Companies Act, N0. 17 of 1982. Cont..
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SLR - 1993 Vol.1- P318
SLR - 1993 Vol.1, Page No - 318 NANDASENA v. UVA REGIONAL TRANSPORT BOARD SUPREME COURT. FERNANDO J. GOONEWARDENA J. AND WADUGODAPITIYA J. S.C. APPEAL NO. 59/92. C.A. NO. 385/86. LT. NO. R/22975. DECEMBER 07, 1992. Industrial Dispute - Transfer of employer - Constructive termination - Vacation of post. The applicant-appellant was employed by the respondent Board as a bus conductor attached to the Embilipitiya Depot. On 3.4.1984 he was interdicted without pay on charges falling into two categories Cont..
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SLR - 1993 Vol.1- P411
SLR - 1993 Vol.1, Page No - 411 GALIGAMUWA v. AIR LANKA LTD., COURT OF APPEAL H. W. SENANAYAKE, J. C.A. 293/84 LT. NO. 21/2045/83 OCTOBER 12th AND DECEMBER 04th, 1992. Industrial Law - Default of appearance - Regulation 28 of Regulations framed under Section 39 of the Industrial Disputes Act - Duty to apply first to the Tribunal - Inherent right of the Tribunal - Power of the Appellate Court. Where the Labour Tribunal had dismissed the application of the applicant for non - appearance. Held : (1) The Tribunal has the inherent right to set aside its own orders if the order was made per incuriam or on non - service of notice or summons on the parties or on only good cause being shown Cont..
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SLR - 1993 Vol.2- P327
SLR - 1993 Vol.2, Page No - 327 AMERAJEEWA v. UNIVERSITY OF COLOMBO SUPREME COURT. FERNANDO, J. AMERASINGHE, J. DHEERARATNE, J. GOONEWARDENA J. AND WADUGODAPITIYA, J. S. C. APPEAL NO. 12/93. C. A APPEAL NO. 271/88. LT APPLICATION NO. 8/1193/96. JUNE 11, 1993. Industrial Dispute - Wrongful termination of services of employee - Death of employee - applicant- Dismissal of application - Substitution of widow - are right of the applicant in an application to the Labour Tribunal transmissible on his death when the application is still pending? Right of Cont..
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SLR - 1993 Vol.2- P362
SLR - 1993 Vol.2, Page No - 362 SOMASUNDERAM VANNIASINGHAM v. FORBES AND ANOTHER SUPREME COURT. BANDARANAYAKE, J. PERERA J. AND WIJETUNGE, J. S.C. APPEAL 2/90. CA APPLICATION 1658/84. MAY 25TH 1993. Certiorari and Mandamus - Arbitration award under Industrial Disputes Act - Statutory right to repudiate Award under s. 20(1) of the Industrial Disputes Act - Right to move for Certiorari without exhausting alternative remedies. A party to an arbitration award under the Industrial Disputes Act is not required to exhaust other available remedies before he could challenge illegalities and errors on the face of the record by Cont..
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SLR - 1993 Vol.2- P53
SLR - 1993 Vol.2, Page No - 53 FREWIN & COMPANY LTD., v. DR. RANJITH ATAPATTU AND OTHERS COURT OF APPEAL S. N. SILVA, J. C.A. APPLICATION NO. 293/89 DECEMBER 5 AND 12 1991, JANUARY 24 AND 28 AND FEBRUARY 05 1992. Certiorari - Industrial Dispute - Reference to arbitration under section 4 (1) of the Industrial Disputes Act - Payment of Non-recurring Cost of living gratuity (NRCLG) - Collective Agreement - Partial extension under s. 10 (2) of Industrial Disputes Act - Implied term of contract - Ultra vires A non-recurring cost of living gratuity (NRCLG) was paid by the petitioner (employer) to the workmen employed in its establishment on the assumption that there was a legal liability to pay under a partial extension of a Collective Agreement of 1971 to every employer in the printing industry by an order of the Minister under section 10 (2) of the Industrial Disputes Act. The Cont..
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SLR-1994 Vol.1-P228
SLR - 1994 Vol.1, Page No - 228 THE ATTORNEY GENERAL v. RUBBERITE LIMITED AND ANOTHER COURT OF APPEAL. DR. GUNAWARDENA, J. CA APPLICATION NO. 730/90 MC KANUWANA 90119 OCTOBER 17TH, 1994. The Termination of Employment of Workmen (Special Provisions) Act, sections 6A(1), 6A(2), 7 and 8 - Action filed by the Commissioner of Labour in the Magistrate's court to enforce his order for payment of compensation, made under Section 6A(1). The Commissioner of Labour filed action under Section 7 of the Termination of Employment of Workmen (Special Provisions) Act, for failure to comply with an order made by him, to pay compensation under Section 6A(1), of the said Act. The learned Magistrate discharged the accused stating that Cont..
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SLR - 1994 Vol.1- P293
SLR - 1994 Vol.1, Page No - 293 WERAGAMA v EKSATH LANKA WATHU KAMKARU SAMITHIYA AND OTHERS SUPREME COURT FERNANDO, J. DHEERARATNE, J. AND WADUGODAPITIYA, J. S.C. APPEAL NO. 45/94 H.C. (WP) NO. 21/92 OCTOBER 28TH, 1994. Certiorari and Mandamus - High Court of a Province - Jurisdiction to issue writs of Certiorari and Mandamus against the President of a Labour Tribunal - Constitution Article 154 P(3) and (4) - High Court of the Provinces (Special Provisions) Act No. 19 of 1990, s. 3. Article 154P introduced by the Thirteenth Amendment did not confer on High Courts writ jurisdiction Cont..
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SLR-1994 Vol.1-P405
SLR - 1994 Vol.1, Page No - 405 SAMALANKA LIMITED v. WEERAKOON, COMMISSIONER OF LABOUR AND OTHERS SUPREME COURT. G. P S. DE SILVA, CJ, KULATUNGA, J. AND RAMANATHAN, J. S.C. APPEAL NO. 34/94 CA .APPLICATION NO. 622/85. SEPTEMBER 23RD, 1994. Industrial Dispute - Writ of Certiorari - Grant of permission to terminate employment under the Termination of Employment (Special Provisions) Act, No. 45 of 1971, SS. 2(1)(b), 2(4)(b), 2(2), Cont..
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SLR - 1994 Vol.2- P176
SLR - 1994 Vol.2, Page No - 176 JANATHA ESTATES DEVELOPMENT BOARD v. CEYLON ESTATES STAFFS UNION AND ANOTHER SUPREME COURT. G. P S. DE SILVA, C.J., KULATUNGA, J. AND RAMANATHAN, J. S.C. APPEAL NO. 41/93. C.A. NO. 111/84. L.T CASE NO. 9/111 75/84. NOVEMBER 24, 1993. Industrial Dispute - Time bar in section 31 (D) (3) of Industrial Disputes Act. The 1st respondent on behalf of its member Shanmugaratnam, filed action against the employer for wrongful termination. On the 2nd respondent (Shanmugaratnam) desiring to conduct his own case, the Cont..
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SLR - 1994 Vol.2- P357
SLR - 1994 Vol.2, Page No - 357 S. SHAFEEDEEN v. THE SRI LANKA STATE PLANTATIONS CORPORATION SUPREME COURT. G. P. S. DE SILVA, C.J. KULATUNGA, J. AND RAMANATHAN, J. S.C. APPEAL NO. 18/93. H.C. GALLE APPEAL NO. 70/92. L.T/ NO./4/M/7051/87. NOVEMBER 18, 1993. Industrial Dispute - Employment on probation - Industrial Disputes Act, (Cap. 131) sections 31(b) (4), 31(c) (1) - Bona fides. Whilst the management is entitled to terminate the services of a probationer without adducing any reason, it is open to the Industrial Tribunal to enquire whether the order of termination has been Cont..
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SLR - 1994 Vol.2- P395
SLR - 1994 Vol.2, Page No - 395 STATE DISTILLERIES CORPORATION v. RUPASINGHE SUPREME COURT. FERNANDO, J. DHEERARATNE, J. GOONEWARDENA, J. S.C. APPEAL NO. 91/93. C.A. APPEAL NO. 482/86. L.T APPLICATION NO. 21/3050/86 JANUARY 25, 1994. Industrial Disputes Act - Section 31 B (4) - Termination of a workman's services -Probationary period of employment - Whether confirmation is automatic at the end of probationary period - Reasons for termination - Meaning of "probation ". The question of law involved in this appeal was whether an employee, who is not expressly Cont..
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SLR - 1994 Vol.3- P103
SLR - 1994 Vol.3, Page No - 103 MORAPANA COMMERCIAL CO. LTD. AND OTHERS v. MARIAMMA AND OTHERS COURT OF APPEAL. S. N. SILVA, J. C.A. APPLICATION NO. 458/89 LT NO. 9/14334/87 APRIL 03,1992. Certiorari - Substitution of worker's name in place of Trade Union - Sections 318(1) and 31C(1) of Industrial Disputes Act. Applications were filed by a trade union in the Labour Tribunal for relief or redress in respect of the termination of employment of six workmen by the Petitioners who sought to justify the termination. On the date of inquiry counsel representing the trade union submitted that the union Cont..
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SLR-1994 Vol.3-P11
SLR - 1994 Vol.3, Page No - 11 CEDRIC T. DE SILVA v. AZEEZ TEXTILE MILLS LTD. COURT OF APPEAL ISMAIL, J. C.A. (REV. APPLICATION) NO. 936/90 M.C. COLOMBO NO. 81589/5 SEPTEMBER 01 AND 27, 1993. Employees' Trust Fund - Institution of proceedings against defaulter employer in Magistrate's Court - Employees Trust Fund Act, Section 28(1), (2), (3) and (5). - Is order of conviction necessary. A certificate was issued by the then Chairman of the Employees Trust Fund Board to the Magistrate's Court, Colombo stating that the employer had defaulted in the payment of E.T.F. in respect of its employees for the period of January 1982 to September 1985. On objections to the validity of the certificate - Cont..
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SLR - 1994 Vol.3- P116
SLR - 1994 Vol.3, Page No - 116 THAKSALA WEAVERS LTD. v. DHANAWATHIE PERERA AND OTHERS COURT OF APPEAL. GRERO, J., C.A. NO. 78/72 L.T NO. 8/361/91 SEPTEMBER 9, 1992. Writs of Certiorari and Prohibition - Industrial Law - Section 31 (B) 1 of the Industrial Disputes Act - Constructive termination - Suspension - Does it amount to constructive termination? Held: It depends on the facts and circumstances of each case whether there has been a constructive termination of the services of a workman. Cont..
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SLR - 1994 Vol.3- P121
SLR - 1994 Vol.3, Page No - 121 CEYLON CINEMA AND FILM STUDIO EMPLOYEES UNION v. LIBERTY CINEMA LTD. COURT OF APPEAL. SENANAYAKE, J. C.A. NO. 22/86 L.T. NO. 1/676/85 & L.T. NO. 1/6/77/85 SEPTEMBER 8, 1992. Industrial Law - Unjustifiable termination of employment - Appeal on questions of law- When can appellate court interfere with a Labour Tribunal findings on facts? Held: The question of assessment of the evidence is within the province of the Labour Tribunal and if there is evidence on record to support its findings the appellate court cannot review those Cont..
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SLR - 1994 Vol.3- P204
SLR - 1994 Vol.3, Page No - 204 KUMARASINGHE AND ANOTHER V. STATE DEVELOPMENT & CONSTRUCTION CORPORATION SUPREME COURT G. P S. DE SILVA, C.J. KULATUNGA, J. AND RAMANATHAN, J. S.C. APPEAL NO. 55/93 H.C. (NWP) NO. 275/92 L.T. 23/KU/3141 L.T. 23/KU/3155 OCTOBER 04 1994 Industrial Dispute - Right of Labour Tribunal sitting in Colombo to transfer case to Labour Tribunal sitting in Kurunegala - Appellate jurisdiction of Provincial High Court - Are separate appeals necessary from a joint order on applications of two workmen? - Effect of change of Cont..
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SLR - 1994 Vol.3- P233
SLR - 1994 Vol.3, Page No - 233 INTERNATIONAL SCIENCE AND TECHNOLOGICAL INSTITUTE INC. (ISTI) v. ROSA AND ANOTHER COURT OF APPEAL. SENANAYAKE, J. C.A. APPLICATION NO. 417/94 L.T. NO. 1/153/93 SEPTEMBER 6, 1994. Industrial dispute - Writs of certiorari and prohibition - Contract entered into abroad and performed in Sri Lanka - Jurisdiction of the Labour Tribunal - Proper law of the contract - Private International Law. The petitioner, International Science and Technology Institute Inc. (ISTI) was incorporated under Cont..
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SLR - 1994 Vol.3- P286
SLR - 1994 Vol.3, Page No - 286 WEERADASA V. SUPERINTENDENT, MORAGALLA STATE PLANTATION AND OTHERS COURT OF APPEAL. H. W. SENANAYAKE, J. C.A.899/85 L.T. NO. 16678/85 JULY 01, 1993. Industrial Law - Industrial dispute - Withdrawal of application without reservation of liberty to file a fresh application - Natural Justice - Failure to hear both parties. Where a Workers Union withdrew an application made on behalf of a workman on the grounds of unlawful termination with reserving liberty to file a fresh action on the same dispute and the applicant filed a fresh application for re-instatement with back wages or in the alternative for Cont..
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SLR - 1994 Vol.3- P353
SLR - 1994 Vol.3, Page No - 353 TEA SMALL FACTORIES LTD. V. WERAGODA AND ANOTHER SUPREME COURT. G. P. S. DE SILVA, C. J. KULATUNGA, J AND RAMANATHAN, J. S.C. APPEAL NO. 10/93 H. C. KURUNEGALA, APPEAL NO. 75/92 L. T. NO. 23/KU/3107 DECEMBER 16, 1993 AND MARCH 07, 1994 Industrial Dispute - Jurisdiction - Transfer of case filed in Labour Tribunal - Appeal - Conversion of Public Corporations or Government Owned Business Undertakings into Public Companies Act, No. 23 of 1987, ss. 2(2), 3(2) (e) - Industrial Disputes Act, ss. 31 D(3), 31 DD, 32 D (3) - Validity of proxy - Change of name - Time bar - Rules 7 and 28 of the Supreme Court Rules 1990. Cont..
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SLR - 1994 Vol.3- P409
SLR - 1994 Vol.3, Page No - 409 SALEEM v. HATTON NATIONAL BANK LTD. SUPREME COURT. G. P. S. DE SILVA, C.J. KULATUNGA, J. AND RAMANATHAN, J. S.C. APPEAL NO. 51/94 C.A. NO. 251/88 & NO. 257/88 L.T. NO. 5/14776/86 JUNE 18 AND JULY 28, 1994. Industrial Dispute - Termination - Compensation - Principles applicable - Can compensation be awarded where termination is justifiable? Difference between compensation and damages. Held: Cont..
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SLR-1995 Vol.1-P261
SLR - 1995 Vol.1, Page No - 261 CEYLON MERCANTILE UNION v. CEYLON COLD STORES LTD. AND ANOTHER SUPREME COURT. AMARASINGHE, J. DHEERARATNE, J. WIJETUNGA, J. S.C. APPEAL NO. 51/95 C.A. NO. 941/84 SEPTEMBER 5, 1995. Industrial Dispute - Termination of services of probationer within the probationary period - Right to strike - Amendment to Section 2 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 by Act W 51 of 1988. The 'confirmed' and 'probationary' employees are obviously not similarly circumstanced. Though both categories are workmen in the sphere of industrial Law, their rights and privileges are not the Cont..
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SLR-1995 Vol.1-P63
SLR - 1995 Vol.1, Page No - 63 COEME v. KULARATNE AND OTHERS COURT OF APPEAL. SENANAYAKE, J. C.A. NO. 583/93 OCTOBER 31, 1994. Industrial Dispute - Employees Provident Fund - Sections 8, 46 and 47 of the Employees Provident Fund Act, No. 15 of 1978 - Covered employment - Regulation 2(2)(c) made under the regulation making power of Minister - Is such regulation ultra vires?- Liability of employer to pay EPF to foreign nationals employed in Sri Lanka. The petitioner (Coeme) claimed he was employed by Blanka Diamonds (Pvt) Ltd., (4th respondent). The 4th respondent claimed petitioner was employed by Vanden Eynde & Zenen of Antwerp, Belgium and was assigned to work as Managing Director in Sri Lanka. Petitioner had vacated or abandoned his post. Cont..
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SLR - 1995 Vol.1- P73
SLR - 1995 Vol.1, Page No - 73 S. B. PERERA v. STANDARD CHARTERED BANK AND OTHERS SUPREME COURT. AMERASINGHE, J. WADUGODAPITIYA, J. AND WIJETUNGA, J. S.C. APPEAL NO.106/94 S.C. SPL. LA APPN.NO.165/94 C.A. APPN. NO 456/92 ARBITRATION NO A/2184 DECEMBER 05, 1994. Industrial Dispute Retirement on pension before reaching age limit Resignation Reference to arbitration by Minister under S. 4(1) of the Industrial Disputes Act Effect of resignation on reference to arbitration Industrial Disputes Act Sections 48, 19, 17(2), 18(2) Meaning of industrial dispute. Cont..
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SLR - 1995 Vol.2- P195
SLR - 1995 Vol.2, Page No - 195 SAMILI DE SILVA v. GRACE DE SILVA COURT OF APPEAL. W. N. D. PERERA, J. EDUSSURIYA, J. DR. ANANDA GRERO, J. M. C. BALAPITIYA 21933. C.A. 5/91 (M) NOVEMBER 29, AND DECEMBER 6, 1993. Maintenance Ordinance - Amendment 19 of 1972 S. 12, S. 13, S. 14 - Application for Maintenance - Signed by an Attorney-at-Law - Appeal - Revision - Patent lack of jurisdiction - S. 41(2), S. 46(2) Judicature Act - S. 31 (B) of Industrial Disputes Act - Regulations 15, 17 Mandatory - Directory. The learned Magistrate on 1.4.91 ordered that a sum of Rs. 350/- be paid to the Respondent wife and Cont..
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SLR-1995 Vol.2-P357
SLR - 1995 Vol.2, Page No - 357 UNIQUE GEMSTONES LTD. v. W. KARUNADASA AND OTHERS COURT OF APPEAL. H. W. SENANAYAKE, J. C/A 393/95 TEU/A 20/94. OCTOBER 16, 1995. Termination of Employment - Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 S. 2(i) - Services terminated - Inquiry - Reasons for reinstatement of Employees not given, though requested. Should reasons be given - Natural justice - 'State Decisis'. The Workmen complained to the Commissioner of Labour of the Termination of Employment of the Workmen (Special Provisions) Act, (T.E. Act), that his services were terminated contrary to S. 2(1) of the T.E. Act. Cont..
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SLR - 1995 Vol.2- P379
SLR - 1995 Vol.2, Page No - 379 JAYASURIYA v. SRI LANKA STATE PLANTATIONS CORPORATION SUPREME COURT. DR. AMERASINGHE, J. DHEERARATNE, J. WADUGODAPITIYA, J. S.C. APPEAL NO. 9/89 S.C. SPE. LA NO. 215/88 C.A. NO. 449/83 L.T NO. 10/4032/32 MAY 06, 1991. Industrial Disputes - Rules of the Supreme Court, Rule 35 - Failure to comply with Rule 35 - Industrial Disputes Act No. 43 of 1950 S. 31D - Question of Law - Meaning of "perverse" - Circumstances when compensation rather than reinstatement will be awarded for wrongful termination - Calculation of compensation - Determining the multiplier. Cont..
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SLR - 1995 Vol.2- P42
SLR - 1995 Vol.2, Page No - 42 CHAS P. HAYLEY AND CO., LTD. v. COMMERCIAL AND INDUSTRIAL WORKERS AND OTHERS COURT OF APPEAL. SENANAYAKE, J. C.A. APPLICATION NO. 414/94 JANUARY 30, 1995 AND FEBRUARY 07, 1995. Industrial Law - Industrial Disputes Act - Dispute - Settlement by Arbitration - Reference under Sec. 4(1) of the Industrial Disputes Act - Collective Agreement - No notice of Repudiation - Is the reference ultra vires - Is the Minister of Labour exercising Judicial functions when he makes a reference under S. 4(1) - Order a nullity - Laches excused - Error of law on the face of the Record - Writ lies. The Minister of Labour acting under Sec. 4(1) of the Industrial Disputes Act, referred an industrial dispute for settlement by arbitration. It was contended that as there was a collective agreement which was in force and binding on the parties, there could not have been an industrial Cont..
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SLR - 1995 Vol.2- P53
SLR - 1995 Vol.2, Page No - 53 ANZ GRINDLAY'S BANK v. MINISTRY OF LABOUR AND OTHERS COURT OF APPEAL. SENANAYAKE, J. C.A. APPLICATION 873/94 INDUSTRIAL COURT A/2394 MARCH 25, 1995. Industrial Law - Industrial Disputes Act S4(1) - Arbitration - S5(1) S8(2A) - Payment of Gratuity Act, No. 12 of 1983 - Enhancement - Industrial Dispute - Resignation - Claim for enhanced gratuity - Live Dispute - Cessation of Employment. The 4th Respondent resigned from the Services of the Petitioner Bank with effect from 1.7.91. In terms of S5(1) (2) read with S8(2A) he was paid gratuity computed on the basis of 1/2 months salary for each year of completed service. Thereafter by his letter of 6.9.91 he requested for gratuity computed on the basis of 2 months gross salary for each year of service, referring to the case of 2 Cont..
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SLR-1995 Vol.2-P53
SLR - 1995 Vol.2, Page No - 53 ANZ GRINDLAY'S BANK v. MINISTRY OF LABOUR AND OTHERS COURT OF APPEAL. SENANAYAKE, J. C.A. APPLICATION 873/94 INDUSTRIAL COURT A/2394 MARCH 25, 1995. Industrial Law - Industrial Disputes Act S4(1) - Arbitration - S5(1) S8(2A) - Payment of Gratuity Act, No. 12 of 1983 - Enhancement - Industrial Dispute - Resignation - Claim for enhanced gratuity - Live Dispute - Cessation of Employment. The 4th Respondent resigned from the Services of the Petitioner Bank with effect from 1.7.91. In terms of S5(1) (2) read with S8(2A) he was paid gratuity computed on the basis of 1/2 months salary for each year of completed service. Thereafter by his letter of 6.9.91 he requested for gratuity computed on the basis of 2 months gross salary for each year of service, referring to the case of 2 Cont..
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SLR-1995 Vol.2-P61
SLR - 1995 Vol.2, Page No - 61 INTERNATIONAL COSMETIC APPLICATORS (PVT) LTD. v. ARIALATHA AND OTHERS COURT OF APPEAL. SENANAYAKE, J. C.A. APPLICATION 850/94 APRIL 3, 1995 Termination of Employment of Workmen Act 45 of 1971 - Strike - Settlement - Reported back to Work - Go slow campaign - Undertaking given by Workers to increase production - Go slow campaign again - Termination - Applicability of Act 45 of 1971 amended by Act 4 of 1976 and 51 of 1988. The entire Workforce of the Petitioner Company had gone on strike. As a settlement was reached, the workers reported back to work on the same day. Workmen had commenced a go slow campaign but after letters of warning were issued the workers gave an undertaking to increase production to normal level, but as the Workers continued with the go slow campaign, their services were terminated, on disciplinary grounds. On representation made the Commissioner of labour purported to act in terms Cont..
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SLR-1995 Vol.2-P79
SLR - 1995 Vol.2, Page No - 79 BANK OF CEYLON v. MANIVASAGASIVAM SUPREME COURT G. P. S. DE SILVA, C.J., KULATUNGA, J. RAMANATHAN, J. S.C.APPEAL NO. 77/93 H.C. APPEAL 107/91 L.T. CASE NO. 1/34/86 JUNE 9 AND JULY 5, 1995 Industrial Disputes Act. - Termination - Labour Tribunal - Application dismissed - High Court Reversed Order - Failure to consider evidence as a whole - Confidence reposed in an Employee - Factors to be taken into consideration. The Applicant Respondent made an application to the Labour Tribunal alleging that the termination Cont..
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SLR-1996 Vol.1-P200
SLR - 1996 Vol.1, Page No - 200 BLANKA DIAMONDS (PVT) LTD. v. COEME COURT OF APPEAL. H. W. SENANAYAKE, J. C. A. No. 202/94. 29 SEPTEMBER, 11 DECEMBER, 1995. AND 8 JANUARY 1996. Certiorari - Vacation and abandonment of post - Termination of Employment of Workmen (Special Provisions) Act, ss. 2(1), 6 - Commissioner of Labour's nomination of inquirer - Necessity to give reasons - Order under section 6 of the - Termination of Employment of Workmen (Special Provisions), Act - Jurisdiction to hold inquiry in the absence of termination - Requirement of affording party to present his case - Natural Justice - Fair hearing. Held: Cont..
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SLR - 1996 Vol.1- P208
SLR - 1996 Vol.1, Page No - 208 SHANMUGAM v. MASKELIYA PLANTATIONS LIMITED SUPREME COURT. G. P. S. DE SILVA C.J., RAMANATHAN J., ANANDACOOMARASWAMY J., S. C. APEAL NO. 45/96. C.A. APPLICATION NO. 73/95. ARBITRATION NO. 2346/93. 25 JULY AND 01 AUGUST, 1996. Industrial Dispute - Extensions of service - Reference to arbitration under the Industrial Disputes Act, section 4(1) - Contractual entitlement to extension - Industrial Disputes Act, section 17(1). The appellant had been granted three extensions and his application for a fourth extension was refused. The arbitrator held with the employer that the employee had no contractual right to an Cont..
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SLR - 1996 Vol.1- P307
SLR - 1996 Vol.1, Page No - 307 DE COSTA v. ANZ GRINDLAYS BANK PLC. SUPREME COURT. G. P.S. DE SILVA, C.J., DHEERARATNE, J., RAMANATHAN, J., S.C. APPEAL NO. 108/95. C.A. NO. 873/94. L.T. NO. 2394/A. 24 JUNE, 31 JULY AND 09 AUGUST, 1996. Industrial Law - Gratuity - Gratuity Act, No. 12 of 1983 ss. 6(2) (a), 10(1) - Reference to Arbitration under Industrial Dispute Act s. 4(1) - Jurisdiction of arbitrator - Was the reference made by the Minister ultra vires? Industrial Dispute as defined in section 48 of the Industrial Disputes Act- Amendment to section Cont..
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SLR-1996 Vol.1-P307
SLR - 1996 Vol.1, Page No - 307 DE COSTA v. ANZ GRINDLAYS BANK PLC. SUPREME COURT. G. P.S. DE SILVA, C.J., DHEERARATNE, J., RAMANATHAN, J., S.C. APPEAL NO. 108/95. C.A. NO. 873/94. L.T. NO. 2394/A. 24 JUNE, 31 JULY AND 09 AUGUST, 1996. Industrial Law - Gratuity - Gratuity Act, No. 12 of 1983 ss. 6(2) (a), 10(1) - Reference to Arbitration under Industrial Dispute Act s. 4(1) - Jurisdiction of arbitrator - Was the reference made by the Minister ultra vires. Industrial Dispute as defined in section 48 of the Industrial Disputes Act- Amendment to section 33(1) (e) of the Industrial Disputes Act by section 17(2) of the Payment of Gratuity Act, No. 12 of Cont..
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SLR-1996 Vol.2-P18
SLR - 1996 Vol.2, Page No - 18 KUSUMAWATHIE AND OTHERS v. AITKEN SPENCE & CO., LTD. AND ANOTHER COURT OF APPEAL S. N. SILVA, J. C.A. 895/85 29 JUNE, 1990, 12 FEBRUARY, 1992, 16 MARCH, 1992 7 AUGUST, 1991, Cont..
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SLR-1996 Vol.2-P180
LR - 1996 Vol.2, Page No - 180 KEGALLE PLANTATIONS LTD., v. SILVA AND OTHERS COURT OF APPEAL. SENANAYAKA, J. C. A. 686/94 TEU/A 102/93 JULY 06, 1995. Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 - Inquiry - Finality clause - Applicability of S22 of the Interpretation Ordinance (amendment) - Reliefs granted by Commissioner - Final and Conclusive - S5, 6(A) 6(B) - Restrictive Interpretation - Reasons - Should Reasons be given - Natural Justice. The 1st Respondent was employed by the JEDB; the Petitioner company took over the functions of the JEDB. The 1st Respondent reached the age of Retirement - 55 yrs - on 14.1.93. The Petitioner on 25.1.1993 gave Notice that the 1st Respondent would be retired from service with effect from Cont..
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SLR - 1996 Vol.2- P231
SLR - 1996 Vol.2, Page No - 231 HATTON NATIONAL BANK v. PEREIRA SUPREME COURT. G. P S. DE SILVA, C.J., RAMANATHAN, J. AND WIJETUNGA, J. S. C. APPEAL NO. 70/95 H. C. L. T 914/93 & 917/93 L.T 1 ADD 1/8348/90 2ND AND 3RD SEPTEMBER, 1996. Industrial Disputes Act - section 33 -Termination of Services - Compensation as alternative to reinstatement - Quantum of compensation - Discretion. The applicant was employed as an executive under the Appellant - Bank from 1974 to 1987. His services were terminated on a charge of falsely absenting himself from work from 20th to 27th July Cont..
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SLR - 1996 Vol.2- P268
SLR - 1996 Vol.2, Page No - 268 SRI LANKA GENERAL WORKERS UNION v. SAMARANAYAKE SUPREME COURT. FERNANDO, J. DR. AMERASINGHE, J. S. N. SILVA, J. S. C. 93/94. HCA 561/92. L.T. NO. 1/147/91. NOVEMBER 16, 1995. Industrial Disputes Act - Amending Act 32 of 1990 - section 31 D - Appeals to High Court - Section 31D(6) - Accompanied by certificate that security is furnished - Directory or Mandatory. On 16.7.92 the Labour Tribunal made an order awarding the Applicant Respondent - Appellant a sum of Rs. 86,400/- as compensation; on 28.7.92 the Respondent - Appellant Respondent lodged a Petition of Cont..
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SLR - 1996 Vol.2- P317
SLR - 1996 Vol.2, Page No - 317 EKSATH KAMKARU SAMITHIYA v. CEYLON PRINTERS LIMITED AND OTHERS SUPREME COURT G.P.S. DE SILVA, C.J. RAMANATHAN, J. AND ANANDACOOMARASWAMY, J. S.C. APPEAL NO.114/94. S.C. SPECIAL L.A. NO. 283/93. C.A. APPLICATION NO. 369/93. 17TH JUNE, AND 15TH JULY, 1996. Certiorari-Industrial Disputes Act-Reference of dispute for arbitration-dispute regarding a clause in a collective agreement, selectively extended to the employer-sections 4(1) and 10 of the Act- vires of the reference-Jurisdiction of the Arbitrator. The Minister, acting under section 4(1) of the Industrial Disputes Act, referred to an Arbitrator a Cont..
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SLR - 1996 Vol.2- P330
SLR - 1996 Vol.2, Page No - 330 UP COUNTRY DISTRIBUTORS (PVT) LTD., v. SUBASINGHE SUPREME COURT. G.P.S. DE SILVA, C.J., RAMANATHAN, J. AND WIJETUNGA. J. S. C. APPEAL NO. 111/95. S.C. APPEAL L.A. NO.296/95. H.C. LT APPEAL KANDY NO. 75/94. L.T. NO. 10/246/91. 20TH AUGUST, 1996. Termination of services of workman-Compensation in lieu of reinstatement-Industrial Disputes Act- Section 33(5) of the Act-Assessment of compensation Discretion of the Labour Tribunal. The Respondent workman applied to the Labour Tribunal for relief in respect of the termination of Cont..
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SLR - 1997 Vol.1- P1
SLR - 1997 Vol.1, Page No - 1 SRIYAWATHIE v. SUPERINTENDENT HAPUGASTENNE ESTATE AND OTHERS SUPREME COURT. G. P S. DE SILVA, C.J., AMERASINGHE, J. AND KULATUNGA, J. S.C. APPEAL NO. 22/93 H. C. KANDY NO. 74/91 (REV.), L. T. HATTON NO. 10/7765/89 MARCH 29, 1994. Industrial Disputes Act - Section 31D and 31DD as amended by Act No. 32 of 1990 - Appellate and revisionary jurisdiction of the High Court over orders of a Labour Tribunal - Articles 105(1) (C), III (1), 138, 154P and 125 of the Constitution - Interpretation of the Constitution - Appeal to the Supreme Court from High Court. Cont..
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SLR-1997 Vol.1-P256
SLR - 1997 Vol.1, Page No - 256 KARUNADASA v. UNIQUE GEM STONES LTD., AND OTHERS SUPREME COURT. FERNANDO, J., WADUGODAPITIYA,J.AND ANANDACOOMARASWAMY, J. S.C. APPEAL NO. 27/96 C.A. APPLICATION NO. 393/95 OCTOBER 14, 23 AND NOVEMBER 27, 1996. Termination of employment of workman (special provisions) - Act No. 45 of 1971 Sections 2(1) and 11 of the Act - Labour Commissioner's order - Natural Justice. Cont..
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SLR - 1997 Vol.1- P337
SLR - 1997 Vol.1, Page No - 337 HUNTER AND COMPANY LTD. v. THE MINISTER OF LABOUR AND VOCATIONAL TRAINING AND OTHERS SUPREM COURT. DHEERARATNE, J., ANANDACOOMARASWAY, J. AND DR. GUNAWARDANA, J. S.C. APPEAL NO. 65/95 S.L. SLA NO. 102/95 C.A. APPLICATION NO. 157/93 MARCH 14, APRIL 9, AND MAY 5, 1997. Industrial dispute - Repudiation of a Collective Agreement under Section 8(1) of the Industrial Disputes Act - Whether the implied terms of the Agreement continue to be in force - Applicability Cont..
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SLR-1997 Vol.1-P360
SLR - 1997 Vol.1, Page No - 360 BLANCA DIAMONDS (PVT) LTD. v. WILFRED VAN ELS AND TWO OTHERS COURT OF APPEAL. JAYASURIYA, J. C.A. 601 /95 ETF BOARD INQUIRY EN/12/2/4/32 MARCH 19, 27, 1997. Employees Trust Fund - Contributions - Enforcement Inquiry - Writ of Certiorari -Uberrima fides - Contractual obligation to Court. In an application for a Writ of Certiorari to quash the decision and directions of the 2nd respondent Board (ETF) contained in certain letters. Held: When a party is seeking discretionary relief from court upon an application for a Writ of Cont..
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SLR - 1997 Vol.2- P137
SLR - 1997 Vol.2, Page No - 137 BEST FOOTWEAR (PVT) LTD., AND TWO OTHERS v. ABOOSALLY, FORMER MINISTER OF LABOUR & VOCATIONAL TRAINING AND OTHERS COURT OF APPEAL. F N. D. JAYASURIYA, J. C.A. NO. 577/95. ARBITRATION CASE NOS. A2376 TO A2378. NOVEMBER 06, 1996 AND JANUARY 22, 1997. FEBRUARY 06 AND MARCH 07, 1997. Industrial Dispute - Certiorari - Reference to arbitration under section 4(1) of the Industrial Disputes Act on issue of non-offer to a part of the workforce when entire workforce went on strike - Award - Relevance of issue of justification of the strike to the terms of reference - Vacation of post - Back wages - Considerations relevant to issue of back wages - Emergency Regulations Nos. Cont..
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SLR - 1997 Vol.3- P174
SLR - 1997 Vol.3, Page No - 174 WILSON v. CEYLON ELECTRICITY BOARD AND OTHERS COURT OF APPEAL. DR. RANARAJA, J. C.A. NO. 285/97. OCTOBER 20, 1997. Industrial Disputes Act - Section 49 - Employee of Electricity Department - After the enactment of the Ceylon Electricity Board Act 17 of 1969 worked for the Board - Services terminated - Reinstated by Labour Tribunal - Ordered to pay compensation, backwages and pension - Can pension be paid? - Validity of that part of the Order of the Labour Tribunal. Held: (1) Order granting a pension as a public servant to the petitioner who has also drawn E.P.F. contributions as an Employee of the Board is ex facie ultra vires the Industrial Disputes Act. Cont..
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SLR - 1997 Vol.3- P189
SLR - 1997 Vol.3, Page No - 189 ELPITIYA PLANTATIONS LTD. v. JAYASINGHE AND TWO OTHERS SUPREME COURT. DHEERARATNE, J., WIJETUNGA, J., AND ANANDACOOMARASWAMY, J. S.C. 84/96 H. C. KANDY (F) 73/94 M.C. NUWARA ELIYA 74223 SEPTEMBER 27, OCTOBER 10, 1996. Industrial Disputes Act - Section 40(1) - Dismissed employee reinstated by Labour Tribunal with backwages - Appeal dismissed by the Court of Appeal - Backwages not paid - Employer prosecuted in the Magistrate's Court - Conviction - High Court Affirmed conviction and sentence - Is there a Cont..
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SLR-1997 Vol.3-P197
SLR - 1997 Vol.3, Page No - 197 INDEPENDENT NEWSPAPERS LIMITED v. COMMERCIAL AND INDUSTRIAL WORKERS' UNION SUPREME COURT. DHEERARATNE, J. WADUGODAPITIYA, J. GUNAWARDENA, J. S.C. APPEAL 106/96. H.C. COLOMBO (A) 795/93 TO 887/93. L.T. 8/3859/91 ET AL MAY 30 AND JUNE 19, 1997. Industrial Dispute - Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 Section 2(1) - Section 31 B(5) of the Industrial Disputes Act - Section 6B(2) of Termination of Workmen (Special Provisions) Act. Subsection 2(1) of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 Cont..
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SLR - 1997 Vol.3- P93
SLR - 1997 Vol.3, Page No - 93 UNITED TEA, RUBBER AND LOCAL PRODUCE WORKERS' UNION v. HAYCARB LIMITED AND ANOTHER SUPREME COURT. G. P. S, DE SILVA, CJ., RAMANATHAN, J. AND PERERA, J. S.C. APPEAL NO. 59/96. HIGH COURT (REVISION) APPLICATION NO. 45/95 - 125/95. L. T. NO. 21/1138/94 - 21/1227/94. MAY 30, 1997. Industrial Disputes - Application to the Labour Tribunal - Section 318 of the Industrial Disputes Cont..
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SLR-1998 Vol.1-P156
SLR - 1998 Vol.1, Page No - 156 MOHAMED AMEER AND ANOTHER v. YAPA, ASSISTANT COMMISSIONER OF LABOUR SUPREME COURT FERNANDO, J., WIJETUNGA, J. AND ANANDACOOMARASWAMY, J. S.C. APPEAL NO. 121/97 CA. APPLICATION NO. 3/97 H.C. NWP NO. 70/95 M.C. KURUNEGALA NO. 91382 DECEMBER 2ND, 1997. Employees' Provident Fund Act, No. 15 of 1958 - Default by the employer -Recovery of sums due - Particulars required to be set out in certificate under S. 38 (2). Held: Cont..
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SLR - 1998 Vol.1- P235
SLR - 1998 Vol.1, Page No - 235 KALAMAZOO INDUSTRIES LTD. AND OTHERS v. MINISTER OF LABOUR & VOCATIONAL TRAINING AND OTHERS COURT OF APPEAL JAYASURIYA, J. C.A. APPLICATION NO. 60/93 ARBITRATION INQUIRIES 2160, 2161, 2162, 2163 23RD, 30TH, MAY 1997. Writs of Certiorari and Prohibition - Arbitration Award - Sections 17 (1), 40 (1)(m) of the Industrial Disputes Act. The dispute was "whether the demand of the Eksath Kamkaru Samitiya an increase of Rs. 1,000 on the present salary paid to each of its members employed in the four respondent companies is justified and to what relief each of them is entitled'. All parties to the dispute consented at the outset of Cont..
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SLR-1998 Vol.1-P88
SLR - 1998 Vol.1, Page No - 88 BROWNS ENGINEERING (PVT) LTD. v. COMMISSIONER OF LABOUR AND OTHERS COURT OF APPEAL JAYASURIYA, J. CA. 628/96 TEU/A/45/94 TEU/A/46/94 TEU/A/43/94 TEU/A/44/94 TEU/A/57/94 FEBRUARY 7, 10 AND MARCH 25, 1997 Writ of Certiorari - Termination of Employment of Workmen (Special Provisions) Act 45 of 1971 - Closure of business - Employees Petition the Commissioner of Labour - Compensation payable - Assessment. Cont..
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SLR-1998 Vol.2-P29
SLR - 1998 Vol.2, Page No - 29 CEYLON PRINTERS LTD. AND ANOTHER v. WEERAKOON, COMMISSIONER OF LABOUR AND OTHERS SUPREME COURT G. P. S. DE SILVA, C.J., WIJETUNGA, J. AND GUNASEKERA, J. S.C APPEAL NO. 19/95 WITH 92/94 CA APPLICATION NOS. 601/91, 642/91 OCTOBER 27, NOVEMBER 28, 1997 Termination of Employment of Workmen (Special Provisions) Act - Complaint of Termination - Inquiry by an Assistant Commissioner - Variation of Assistant Commissioner's recommendation by the Commissioner of Labour - Decision based on new material without notice to the employer - Natural Justice. Whilst a dispute between the appellant companies and a Trade Union representing the appellants' Cont..
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SLR-1998 Vol.3-P320
SLR - 1998 Vol.3, Page No - 320 COLOMBO APOTHECARIES LTD. AND OTHERS v. COMMISSIONER OF LABOUR COURT OF APPEAL DR. RANARAJA, J. C.A. NO. 659/90 M.C. COLOMBO NO. 64031/5 JULY 14, 1997. Industrial Dispute - Failure to pay Employees Provident Fund - Certificate under Employees Provident Fund Act S. 38 (2) - Jurisdiction - Validity of certificate-Liquidator not the employer during the relevant period is not liable. On receiving the certificate of the Commissioner of Labour under S. 38 (2) of the Employees Provident Fund Act, the Magistrate of Colombo issued notice on the petitioners and held that they had failed to show cause why the said sum should not be recovered from them and directed that the sum be deemed to be a fine imposed by a sentence on the employer. Cont..
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SLR - 1999 Vol.1- P343
SLR - 1999 Vol.1, Page No - 343 ALL CEYLON COMMERCIAL AND INDUSTRIAL WORKERS' UNION v. NESTLE LANKA LTD. COURT OF APPEAL JAYASURIYA, J. C.A. NO. 752/96 ARBITRATION PROCEEDINGS NO. 8/A/l/92, and 1/364/93 FEBRUARY 18, 1997 JULY 25, 1997 JANUARY 11, 1999 Industrial Disputes Act s. 4 (1) - Arbitration - Termination justifiable - Duty to act judicially - No evidence Rule - Error on the face of the record - Writ of Certiorari. The petitioner seeks to quash the award made by the Arbitrator wherein he has held that the termination was justifiable. Cont..
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SLR - 1999 Vol.2- P309
SLR - 1999 Vol.2, Page No - 309 THE BOARD OF GOVERNORS FOR ZAHIRA COLLEGE v. NAINA MOHAMED ALIAS NAINA LEBBE SUPREME COURT G. P. S. DE SILVA, CJ., BANDARANAYAKE, J. AND WEERASEKERA, J. S.C. APPEAL NO. 62/98 L.T. NO. 13/673/92 WITH S.C. APPEAL NO. 66/98 APRIL 28, 1999 Industrial dispute - Termination of services for misconduct - Payment of compensation notwithstanding the fact that the termination of services was justified. A large number of students forcibly entered the office of the Principal, Zahira College, during school hours. They behaved in an unruly and boisterous manner and coerced the Principal to issue a Cont..
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SLR - 1999 Vol.2- P 314
SLR - 1999 Vol.2, Page No - 314 ASSOCIATED CABLES LTD. v. KALUTARAGE SUPREME COURT AMERASINGHE, J., GUNASEKERA, J. AND WEERASEKERA, J. S.C. APPEAL NO. 102/98 H.C./A/L.T. NO. 1460/97 LT. NO. 21114/87 JUNE 3, 1999 Industrial Dispute - Termination of services - Ground for interfering with the decision of a Labour Tribunal - Breach of natural justice - Grant of compensation in appeal - Duty of the appellate court to give the basis of computing compensation. The respondent-workman applied to the Labour Tribunal for relief on the ground that his services Cont..
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SLR - 1999 Vol.2- P371
SLR - 1999 Vol.2, Page No - 371 BOARD OF GOVERNORS, ST. THOMAS' COLLEGE, MT LAVINIA v. JATHIKA SEVAKA SANGAMAYA (ON BEHALF OF DAYASENA FERNANDO AND G. G. SUMANADASA) SUPREME COURT DHEERARATNE, J., WEERASEKERA, J. AND ISMAIL, J. S.C. APPEAL NO. 101/95 H.C. WESTERN PROVINCE NO. H.C. ALT 574/92 LT. NO. 8/3463 LT. NO. 8/3464 AUGUST 20, 1999. Industrial Dispute - Termination of services - Decision of a Labour Tribunal - Grounds for Cont..
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SLR-1999 Vol.2-P375
SLR - 1999 Vol.2, Page No - 375 YASEEN OMAR v. PAKISTAN INTERNATIONAL AIRLINES CORPORATION AND OTHERS SUPREME COURT DHEERARATNE, J., WADUGODAPITIYA, J. AND BANDARANAYAKE, J. S.C. APPEAL NO. 28/96 C.A. NO. 457/93 CASE NO. TEU/C/8/90 JUNE 14, 1999. Industrial Dispute - Termination of employment - Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 - Order under section S of the Act - Writ of certiorari - Natural justice - Section 17 of the Act Cont..
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SLR - 1999 Vol.3- P150
SLR - 1999 Vol.3, Page No - 150 COLOMBAGE v. CEYLON PETROLEUM CORPORATION SUPREME COURT. G. P. S. DE SILVA, CJ., KULATUNGA, J., RAMANATHAN, J. S.C. NO. 6/93. LT NO. 8/2928/89. JANUARY 28, 1993. MAY 14, 1993. Industrial Disputes Act - Section 36 (4) - Termination - Assaulting a fellow workman - Finding on inadmissible hearsay - Evidence Ordinance. Held: 1. A Labour Tribunal is not bound by the provisions of the Evidence Ordinance. Cont..
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SLR - 1999 Vol.3- P205
SLR - 1999 Vol.3, Page No - 205 UPALI NEWSPAPERS LTD. v. EKSATH KAMKARU SAMITHIYA AND OTHERS COURT OF APPEAL. JAYASURIYA, J., KULATILAKE, J. C.A. NO. 615/96. LT2/A/1 /89. DECEMBER 5, 1997. FEBRUARY 18, 1998. MAY 5, 1998. Industrial Disputes Act - Sections 31 (B), 31 (B) (2) (b) - Matter pending before Labour Tribunal - Jurisdiction of the Minister to refer matter for Arbitration for settlement - is the Award valid? Presidents of Labour Tribunal - Are they Judicial Officers - Constitution, Articles 114, 116, 170 - Interpretation - Writ of Certiorari - Labour Tribunal Presidents appointed as Magistrates. Cont..
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SLR - 1999 Vol.3- P219
SLR - 1999 Vol.3, Page No - 219 COLOMBO DOCKYARD LTD. v. DE SILVA AND OTHERS COURT OF APPEAL JAYASURIYA, J. C.A. NO. 148/96. ARBITRATION PROCEEDINGS NO. A/2444. MARCH 13, 1997. MARCH 27, 1998. JULY 23, 1998. Arbitration - Industrial Disputes Act s. 4 (1) - Award - Release and secondment of employees - Temporary and permanent release - Vacancy filled without notice - Can the confirmed position be changed unilaterally? - Transferred - Refusal - suspension - Is it justifiable? The 1st respondent was the ship repair Manager of the petitioner Company. On 20.12.1990 he was Cont..
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SLR - 2000 Vol.1- P99
SLR - 2000 Vol.1, Page No - 99 THE PUBLIC TRUSTEE V RATNAYAKE BANDA SUPREME COURT DHEERARATNE, J. WADUGODAPITIYA, J. AND ISMAIL, J. SC APPEAL 57/98 31st AUGUST, 1999 Industrial dispute - Termination of services of a workman - Decision of the Labour Tribunal- Decision of the High Court in appeal-Misdirection by the Labour Tribunal in accepting the workman's defence - Wrong assessment of evidence by the High Court - Irahandayaya Estate consisting of 80 acres of coconut was managed by the appellant (employer). The respondent (workman) was its Superintendent. It was the respondent's duty to count and report the number of coconuts, both plucked and fallen, at each pick. The selling of the nuts would thereafter Cont..
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SLR - 2000 Vol.2- P19
SLR - 2000 Vol.2, Page No - 19 VOLANKA LTD v. SENEVIRATNE MINISTER OF LABOUR AND OTHERS COURT OF APPEAL. DE SILVA. J. CA 1196/98. ARBITRATION A 2636. 4th OCTOBER, 1999. 3RD NOVEMBER, 1999. Writ of Certiorari-Arbitration Award- Industrial Disputes Act, Ss.4(1), 16, 17, 18, 19, 20, 36(5) - Reference of dispute to compulsory arbitration - Collective Agreement in force - Is the reference lawful? The Petitioner has entered into successive Collective Agreements with C C I Workers Union from time to time and the Collective Agreement remained in force. Cont..
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SLR-2000 Vol.2-P308
SLR - 2000 Vol.2, Page No - 308 MAGPECK EXPORTS LTD., v. COMMISSIONER OF LABOUR & OTHERS COURT OF APPEAL. DE SILVA, J. CA. No. 141/99. TEN/A/67/97. 04TH NOVEMBER, 1999. Writ of Certiorari - Termination of Employment Act, No. 45 of 1971, S.2(1) (4) S.6A, S.6A(1) - Establishment closed - Frustration or impossibility of performance - Closure of business - Liability of Employer - Compensation - Assessment. Cont..
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SLR-2000 Vol.2-P380
SLR - 2000 Vol.2, Page No - 380 LABOUR OFFICER v. DISTILLERIES COMPANY OF SRI LANKA COURT OF APPEAL JAYASINGHE, J. JAYAWICKREMA, J. CA. (PHC) 58/98 M. C. COLOMBO 55851/5 H. C. (COLOMBO) REV. 812/96 10th JANUARY,2000 18THFEBRUARY,2000 30TH MARCH, 2000 Conversion of Public Corporations into Public Companies - Act No. 23 of 1987 - Payment of Gratuity Act No. 12 of 1983 - Amended by Acts Nos. 41 of 1991 and 42 of 1992 - S.5(1), S.8 - Liability of Employer to pay gratuity - Should the period under the former Employer be computed? - Effect of Cont..
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SLR - 2000 Vol.3- P170
SLR - 2000 Vol.3, Page No - 170 SHELL GAS LANKA LTD V. ALL CEYLON COMMERCIAL & INDUSTRIAL WORKERS UNION AND OTHERS COURT OF APPEAL HECTOR YAPA, J., CA 587/97 17TH AUGUST, 1999 23RD SEPTEMBER, 1999 12TH MARCH, 1999 Industrial Disputes Act - S.4(1), S.17(1) - Arbitration - Quashing appointment of Arbitrator - Arbitrator making observations before hearing - Whether it is prejudicial to an impartial determination of dispute - Bias - Likelihood of Bias - Duty to see whether a Settlement is possible - Can the Record be contradicted The Minister of Labour acting in terms of S.4(1), referred a dispute for settlement by Arbitration. When the dispute came up for the first time after having heard the parties with regard to the Cont..
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SLR - 2001 Vol.1- P105
SLR - 2001 Vol.1, Page No - 105 EKSATH KAMKARU SAMITHIYA v. UPALI NEWSPAPERS LTD AND OTHERS SUPREME COURT FERNANDO, J. WIJETUNGA, J. AND ISMAIL, J. SC APPEAL NO. 70/99 CA WRIT APPL. NO. 615/96 LT NO 2/A/ 1/89 12TH AND 30TH JUNE 2000 Writ of certiorari- Industrial dispute - Termination of services -Application to a Labour Tribunal for relief- Section 31 B(1) of the Industrial Disputes Act - Reference of the same dispute for settlement by arbitration under section 4(1) of the Act-Jurisdiction of the Minister to refer the dispute -Articles 170, 114 and 116(1) of the Constitution. Cont..
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SLR - 2001 Vol.1- P161
SLR - 2001 Vol.1, Page No - 161 ELMO REX LORD AND ANOTHER, PARTNERS, MERCANTILE PRINTERS AND STATIONERS v. EKSATH KAMKARU SAMITHIYA ON BEHALF OF SOMADASA SUPREME COURT AMERASINGHE, J. PERERA, J. AND EDUSSURIYA, J. SC APPEAL 37/99 S.C.S.L.A. APPLICATION NO. 204/98 H.C.A. L.T NO. 1357/96 LT ADDITIONAL NO. 89/85 6TH NOVEMBER, 2000 Industrial dispute - Termination of services - Probationary employment - Summary termination of employment for continued absenteeism - Errors by the Labour Tribunal regarding findings of fact - Errors by the High Court regarding evaluation of evidence. Cont..
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SLR - 2001 Vol.1- P168
SLR - 2001 Vol.1, Page No - 168 ANDERSON v. HUSNY SUPREME COURT FERNANDO, J. DHEERARATNE, J. AND GUNASEKERA, J. SC APPEAL NO. 24/2000 HC CASE NO. HCRA 1387/99 LT CASE NO. 13/1937/97 1ST DECEMBER, 2000 Industrial dispute - Employment on annual contract - Termination of service without extention - Imposition of probation after some time - Employer's claim that the employment was probationary at termination - Failure of the workman to admit or deny probationary employment - Burden to begin adducing evidence to establish unjustifiable termination. Cont..
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SLR-2001 Vol.2-P137
SLR - 2001 Vol.2, Page No - 137 EKSATH KAMKARU SAMITHIYA v. COMMISSIONER OF LABOUR COURT OF APPEAL GUNAWARDANE, J. C.A. 544/99 TEU/C/68/95 FEBRUARY 1, 2000 Termination of Employment of workmen Act, No. 45 of 1971 - S.5 and S.6 - Scheduled employment - Termination illegal - Should the workmen be terminated - Difference - 'May' should be given a permissive meaning or mandatory meaning. The Petitioner Union on behalf of 26 workmen made an application to the Commissioner of Labour on the basis that their termination by the Employer was illegal. The Commissioner of Labour found the termination of 23 workmen was illegal and ordered to pay compensation. The Petitioner sought to quash the said order and further sought an order on the authorities to make a proper Cont..
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SLR-2001 Vol.2-P258
SLR - 2001 Vol.2, Page No - 258 PURE BEVERAGES COMPANY EXECUTIVE OFFICERS ASSOCIATION V. COMMISSIONER OF LABOUR COURT OF APPEAL HECTOR YAPA J (P/CA) C.A. 823/97 OCTOBER 11ST, 12TH, 1999 JANUARY 31ST, 2000 MARCH 16TH, 2000 MAY 23RD, 2000 AUGUST 28TH, 2000 Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 as amended by Act No. 4 of 1976 - S.2(1), S.16 - Rules of natural justice - ultra vires - Partial quashing of decision - Finality Clause - Decision a Nullity - cannot stand. Cont..
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SLR-2001 Vol.3-P229
LR - 2001 Vol.3, Page No - 229 KUNDANMALS INDUSTRIES LTD v. WIMALASENA COMMISSIONER OF LABOUR AND OTHERS COURT OF APPEAL J. A. N. DE SILVA (PICA) C.A. 708/97 APRIL 05TH, 2001 Termination of Employment (Special provisions) Act No. 45 of 1971 - Amended by 4 of 1976 and 51 of 1988 - S. 2, S. 11(2) -, Approval to terminate the services - Closure of Business - Compensation ordered - legality - No reasons given - applicability of "he who hears must decide" Rule. Whilst a strike was in progress the Petitioner Company sought approval from the Commissioner of Labour to terminate the services of its employees upon the closure of the business, and whilst the application was pending closed down its business. The Commissioner of Labour after inquiry ordered the Petitioner to pay compensation. Cont..
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SLR-2001 Vol.3-P301
SLR - 2001 Vol.3, Page No - 301 LANKA MULTI MOULDS PVT LTD v. COMMISSIONER OF LABOUR COURT OF APPEAL J. A. N. DE SILVA, J. (P/CA) C.A. 20/96 JANUARY 23, 2001 MARCH 7, 2001 MAY 2, 2001 Termination of Employment of Workmen (Special Provisions) Act 45 of 1971 - S.2(1), 2(1)(b), 2(4), S.3, 3.6, S.19 - Cessation of Employment - Prior consent in writing - Termination illegal - Discretion of Commissioner to order re-instatement - "May" - is it directory? Cont..
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SLR - 2002 Vol.1- P274
SLR - 2002 Vol.1, Page No - 274 ALEXANDER v. GNANAM AND OTHERS SUPREME COURT S. N. SILVA, CJ., EDUSSURIYA, J. AND YAPA, J. SC APPEAL NOS. 67/2001 AND 68/2001 HC LTA NOS. 1444/97 AND 1453/97 LT COLOMBO NO. 13/11590/89 11 FEBRUARY, 2002 Industrial Dispute - Labour Tribunal order justifying the termination of services - Order for payment of compensation notwithstanding such termination. Where the Labour Tribunal held that the termination of services of the appellant-workman (the workman) was justified in view of a series of lapses during a period of 7 years and that his Cont..
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SLR - 2002 Vol.3- P138
SLR - 2002 Vol.3, Page No - 138 BANDARA v. STATE ENGINEERING CORPORATION OF SRI LANKA SUPREME COURT S. N. SILVA, CJ., BANDARANAYAKE, J., AND WIGNESWARAN, J. SC APPEAL NO. 57/2001 HC (COL) LT NO. 1709/99 LT (COL) NO. 2/170/95 JUNE 04 AND 25 JULY 30, 2002 Industrial dispute - Termination of employment - Nature of employment - "Casual" or "permanent" - Guidelines for decision. The appellant (the workman) was employed as a "casual Engineer" and was assigned to work at Cont..
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SLR - 2002 Vol.3- P287
SLR - 2002 Vol.3, Page No - 287 FLORENCE FERNANDO v. ANDREWS TRAVEL SERVICE LTD. SUPREME COURT FERNANDO, J. DHEERARATNE, J. AND GOONEWARDENA, J. SC APPEAL NO. 2/94 HC (WP) APPEAL NO. 4/92 WORKMEN'S COMPENSATION TRIBUNAL NO. C3/P/50/90 (2) JUNE 13, 1994 Workmen's Compensation - "Workman" - Control by employer unnecessary -Definition of "workman" under section 2 of Workmen's Compensation Ordinance as amended by Act, No. 15 of 1990 - Workman may have more than one employer. Cont..
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SLR-2003 Vol.1-P143
SLR - 2003 Vol.1, Page No - 143 LANKA MULTI MOULDS (PVT) LTD v. WIMALASENA, COMMISSIONER OF LABOUR AND OTHERS SUPREME COURT FERNANDO, J. EDUSSURIYA, J., AND WIGNESWARAN, J. S.C. APPEAL No. 60/2001 C.A. APPLICATION No. 20/96 8TH OCTOBER, 2002 Termination of Employment - Termination of Employment of Workmen (Special Provisions) Act - Meaning of "prior consent" in section 2(1) -Commissioners' power under section 6 to order re-employment of the workmen and to order payment of wages and other benefits - Construction of "may" and "and" in section 6 as regards relief- Whether these words are conjunctive or disjunctive - Commissioner's duty to give reasons. The 2nd respondent ("the workman") a British national was employed by the appellant company ("the employer") on 1.9.92 on contract for a period of 3 years, subject to termination with 3 months' Cont..
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SLR - 2003 Vol.1- P308
SLR - 2003 Vol.1, Page No - 308 R. F. DE MEL AND ANOTHER v. IMADUWA, LABOUR OFFICER AND ANOTHER SUPREME COURT S.N. SILVA, C.J. BANDARANAYAKE, J., AND YAPA, J. S.C. APPEAL CASE NO. 65/2001 H.C. (M.C.) APPEAL NO. 705/97 M.C. COLOMBO (FORT) CASE NO. 29798 28 NOVEMBER 2002 AND 14 JANUARY AND 3 FEBRUARY, 2003 Industrial Dispute - Non compliance with an order of the Labour Tribunal -Prosecution of the employer - Industrial Dispute Act, sections 40 and 43 -False representation by prosecutor to Magistrate that the Labour Tribunal order had been complied with - Workman's right to representation in such proceedings - Employer's duty to comply with order of Labour Tribunal. Cont..
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SLR - 2003 Vol.1- P 47
SLR - 2003 Vol.1, Page No - 47 BANK OF CEYLON v. THE CEYLON BANK EMPLOYEES UNION (ON BEHALF OF KARUNATILAKA) SUPREME COURT GUNASEKERA, J. ISMAIL, J., AND YAPA, J. SC APPEAL No. 30/2002 HC(LT)HCA 199/97 LT CASE No. 23/K/2400 12TH SEPTEMBER, 2002 Industrial Dispute - Notice of special leave to appeal to the Supreme Court -Rule 8(2)(a) of the Supreme Court Rules - Failure to file a caveat opposing special leave to apWhether such failure Cont..
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SLR - 2003 Vol.1- P62
SLR - 2003 Vol.1, Page No - 62 WIMALASIRI PERERA AND OTHERS v. LAKMALI ENTERPRISES DIESEL AND PETROL MOTOR ENGINEERS AND OTHERS SUPREME COURT FERNANDO, J., GUNASEKERA, J., AND WIGNESWARAN, J. SC APPEAL No. 58/2000 PHC/WP (COLOMBO) No. HCA/LT 1692/98 LT Nos. 1/312-314/96 8TH MARCH, 2001 Industrial Dispute -Appeal by employer- Failure to deposit security - Section 31 D (4) of the Industrial Disputes Act - Whether the deposit of security is mandatory. The employer - respondents appealed to the High Court against relief which had been granted to the workmen - appellants by the Labour Tribunal, but failed to deposit security in terms of section 31 D(4) of the Industrial Disputes Act. Cont..
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SLR-2003 Vol.3-P184
SLR - 2003 Vol.3, Page No - 184 BRITISH COUNCIL v COMMISSIONER OF LABOUR COURT OF APPEAL TILAKAWARDENA, J. WIJEYARATNE, J. CA 1229/2000 JULY 23, 2003 Writ of Certiorari - Employees Provident Fund Act, No. 15 of 1969 - No liability to pay E.P.F. by charitable institutions prior to 1991 - Income Tax Ordinance, Amendment Act, No. 44 of 1958 - Charitable Institutions - Trust Ordinance - Section 99 - British Council - Is it a charitable Institution? The 3rd respondent a former employee of the petitioner had commenced employment as a Librarian in 1965 and had retired in March 1996. The 3rd respondent claimed EPF contributions from 9.3.1965 to 31.12,1983. The 1st respondent directed the petitioner to pay the said contribution. Cont..
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SLR-2003 Vol.3-P359
SLR - 2003 Vol.3, Page No - 359 MUDALIGE GROUP (PVT) LTD. V COMMISSIONER OF LABOUR COURT OF APPEAL UDALAGAMA J. (PICA) CA. 1362/2000 SEPTEMBER 18, 2003 OCTOBER 28, 2003 Employees Provident Fund Act - Sections 2(1), 3, and 10 - Is the business of betting on horse racing, a business within the ambit of a "covered employment? - Betting and Gambling Levy Act, No. 40 of 1988 The petitioner contended that, the company was not liable to contribute to the EPF. Held: (i) In the E.R.F. Regulations of 1958 as amended, reference is made to three categories of Cont..
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SLR-2004 Vol.2-P23
SLR - 2004 Vol.2, Page No - 23 LIYANAGE AND OTHERS v COMMISSIONER OF LABOUR AND OTHERS COURT OF APPEAL AMARATUNGA, J. C.A. 1194/98 AUGUST 5, 2003 Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971, as amended by Act, No. 4 of 1976 and Act, No. 51 of 1988, sections 11(2) and 12 - Commissioner to hold inquiry - Delegation of powers - Duty to give reasons, - Computation of compensation. The petitioners sought to quash the decision of the Commissioner of Labour given after an inquiry held under the Termination of Employment (Special Provisions) Act, awarding compensation challenging the basis on which compensation was awarded. The petitioners also challenged the order on the basis that the inquiry was not held by the Commissioner and that no reasons were given in Cont..
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SLR-2004 Vol.2-P35
SLR - 2004 Vol.2, Page No - 35 GUNASELVAM v COMMISSIONER OF LABOUR AND OTHERS COURT OF APPEAL WIJAYARATNE, J. AND SRIPAVAN, J. CA. 757/2000 July 22, 2004 Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 sections 2, 5 and 6 - Termination within section.2 - What are the orders the Commissioner could make.? Held: 1) When the Commissioner holds that the termination falls within the ambit of section 2, the Commissioner is obliged to make a determination in terms of section 5 and to make an order in terms of section 6. Cont..
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SLR-2004 Vol.2-P39
SLR - 2004 Vol.2, Page No - 39 JAYAWARDENA AND ANOTHER v PEGASUS HOTELS OF CEYLON LTD., AND OTHERS COURT OF APPEAL SALEEM MARSOOF PC, (P/CA) AND SRIPAVAN, J. CA. 1871/2003 JUNE 8, 2004 JULY 5 AND 7, 2004 Termination of Employment of Workmen, (Special Provisions) Act, No. 45 of 1971, sections 2(2) (a-d) and 12-Application to terminate services approved subject to payment of compensation - Commissioner acting arbitrarily-Computing compensation - Order unreasonable - No proper inquiry - Does writ lie? - Applicability of the preclusive clause read with section 22 of Interpretation Ordinance, No 10 of 1972 - Ceiling on Housing Property Law, No. 1 of 1972, section 39(3) compared-Finality of order - Rules of Court of Appeal, 1990, Rule 3 - Applicability - Who is a necessary party? Cont..
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SLR-2005 Vol.1-P97
SLR - 2005 Vol.1, Page No - 97 WICKRAMASINGHE vs NETHASINGHE COURT OF APPEAL MARSOOF, P. C, J. (P/CA) AND SRISKANDARAJAH, J. CA 659/2003 AUGUST 5, 2004 AND SEPTEMBER 14,2004 Termination of Employment of Workmen (Special Provision) Act, No. 45 of 1971, sections 5, 6, and and 6A (1) - Amending Act, No. 4 of 1976 - No closure - Has the Commissioner authority to award compensation in lieu of re - instatement The petitioner decided to send the 1st respondent employee on 3 months no pay leave. On a complaint lodged by the respondent employee, the 2nd respondent Assistant Commissioner of Labour caused an Inquiry to be held and observed that the petitioner had terminated the employment of the 1st Cont..
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