IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Leave to Appeal under and in terms of inter alia section 31DD of the Industrial Disputes Act as amended and Act, No. 19 of 1990.

Nilanda Thilakaratne No. 101/14, Seeduwa South, Seeduwa. Applicant SC HC LA 90/2019 Vs.

HC Negombo Appeal No. HC ALT 317/2019 Distilleries Company of Sri Lanka PLC LT Negombo No. 110, Norris Canal Road, No. LT/21/206/2013 Colombo 10.

Respondent AND Distilleries Company of Sri Lanka PLC No. 110, Norris Canal Road, Colombo 10.

Respondent – Appellant Vs.

Nilanda Thilakaratne No. 101/14, Seeduwa South, Seeduwa.

Applicant – Respondent AND NOW BETWEEN Distilleries Company of Sri Lanka PLC No. 110, Norris Canal Road, Colombo 10.

Respondent – Appellant – Petitioner Vs.

Nilanda Thilakaratne No. 101/14, Seeduwa South, Seduwa.

Applicant – Respondent – Respondent Before : Yasantha Kodagoda, PC, J.

A.L. Shiran Gooneratne, J.

Janak De Silva, J.

Counsel : Mr. Shivan Coorey with Mr. C. Suraweera instructed by Mr. Upendra Gunasekara for the Respondent –

Appellant – Petitioner.

Mr. G.R.D. Obeyesekara with Mr. Lal Perera instructed by Mr. U. Fonseka for the Applicant –

Respondent – Respondent.

Argued on : 31st August 2022 Judgment delivered on : 29th May 2025 Yasantha Kodagoda, PC, J.

1. This matter relates to an Application seeking Leave to Appeal against a Judgment pronounced by the High Court of Negombo exercising its Appellate jurisdiction.

2. The Respondent – Appellant – Petitioner (hereinafter referred to as “the Petitioner”) had filed this Application in the Registry of this Court on 10th December 2019. What was filed was a Motion moving for the acceptance of the Petition, a Proxy appointing the Registered Attorney to appear for the Petitioner, a Petition, an Affidavit, and a copy of the impugned Judgment of the High Court of Negombo. Through the said Motion, Attorney-at-Law for the Petitioner had moved this Court for permission to file the entire case record of HC Negombo Appeal No. HC/ALT/317/2019 (to be marked as “X”). Attorney-at-Law for the Petitioner had also reserved his right to Support the Application upon the receipt and filing of a certified copy of the case record of the High Court of Negombo.

3. The Petitioner’s Attorney-at-Law had not submitted to the Registry dates on which the counsel for the Petitioner could Support the Application for consideration of the grant of Leave to Appeal. Therefore, the Application remained in the Registry without any further action being taken.

4. On 25th February 2022, the Registry had brought this matter to the attention of His Lordship the Honourable Chief Justice. The Honourable Chief Justice had made an order on the same day directing the Registry to have the matter listed in open court after issuing Notice to the Petitioner and his Registered Attorney-at-Law. On

3rd March 2022, the Registry had issued Notice to both parties.

5. On 23rd March 2022, Attorney-at-Law for the Petitioner had submitted to this Court a certified copy of the High Court of Negombo case record. In the Motion by which the case record was submitted, reference had been made to the absence of certain documents from the certified copy. Therefore, Attorney-at-Law for the Petitioner had moved Court for further time to file certified copies of such documents.

6. Pursuant to the Notice issued by the Registry, this matter came up for consideration in open court on 25th March 2022. On that day, both the Petitioner and the Respondent were represented by counsel. Learned counsel for the Petitioner submitted that he would file a certified copy of the entire brief within 6 weeks with Notice to the Respondent. Accordingly, Court had fixed this matter for Support on 28th July 2022.

7. By Motion dated 6th May 2022, Attorney-at-Law for the Petitioner tendered to Court the complete case record (second set) relating to the proceedings in the High Court of Negombo (marked “X”).

8. By Motion dated 17th June 2022, Attorney-at-Law fo