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2024 Supreme(SRI)(SC) 12728
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal to the Supreme Court under the Constitution of the Democratic Socialist Republic of Sri Lanka SC Appeal 43/2021 (SC SPL LA 219/19), (CA Writ 37/2013)
Asian Finance Ltd, No. 20, R. A. De Mel Mawatha, Colombo 03.
Petitioner SC Appeal 43/2021 Vs, SC Appeal 49/2021
1. Wasantha Kumara Galagoda, No. 9/31E, Perera Mawatha, Divulapitiya, Boralesgamuwa.
2. Liyana Thanthri Gamage Dammika Dharshana, Assistant Commissioner of Labour, Colombo East District Labour Office, Department of Labour, Colombo 05.
3. H. Hiranagama, Senior Labour Officer, Colombo East District Labour Office, Department of Labour, Colombo 05.
4. The Commissioner General of Labour, Department of Labour, Colombo 05.
5. The Monitory Board of Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 12.
6. Hon. Attorney General, Attorney General Department, Respondents And now between Asian Finance Ltd, No. 20, R. A. De Mel Mawatha, Colombo 03.
Petitioner-Petitioner Vs, 1. Wasantha Kumara Galagoda, No. 9/31E, Perera Mawatha, Divulapitiya, Boralesgamuwa.
2. Liyana Thanthri Gamage Dammika Dharshana, Assistant Commissioner of Labour, Colombo East District Labour Office, Department of Labour, Colombo 05.
3. H. Hiranagama, Senior Labour Officer, Colombo East District Labour Office, Department of Labour, Colombo 05.
4. The Commissioner General of Labour, Department of Labour, Colombo 05.
5. The Monitory Board of Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 12.
6. Hon. Attorney General, Attorney General Department, Respondents- Respondents SC Appeal 49/2021 (SC SPL LA 220/19), (CA Writ 42/2013)
Asian Finance Ltd, No. 20, R. A. De Mel Mawatha, Colombo 03 Petitioner Vs, 1. W.G.B.M. Ranaweera, No. 4, Park Terrace, Colombo 04.
2. Liyana Thanthri Gamage Dammika Dharshana, Assistant Commissioner of Labour, Colombo East District Labour Office, Department of Labour, Colombo 05.
3. H.A.M. Nanayakkara, Senior Labour Officer, Colombo East District Labour Office, Department of Labour, Colombo 05.
4. The Commissioner General of Labour, Department of Labour, Colombo 05.
5. The Monitory Board of Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 12.
6. Hon. Attorney General, Attorney General Department, Respondents And Now Between Asian Finance Ltd, No. 20, R. A. De Mel Mawatha, Colombo 03.
Petitioner-Petitioner Vs, 2. W.G.B.M. Ranaweera, No. 4, Park Terrace, Colombo 04.
2. Liyana Thanthri Gamage Dammika Dharshana, Assistant Commissioner of Labour, Colombo East District Labour Office, Department of Labour, Colombo 05.
3. H.A.M. Nanayakkara, Senior Labour Officer, Colombo East District Labour Office, Department of Labour, Colombo 05.
4. The Commissioner General of Labour, Department of Labour, Colombo 05.
5. The Monitory Board of Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 12.
6. Hon. Attorney General, Attorney General Department, Respondents-Respondent Before: Justice Vijith K. Malalgoda, PC Counsel: Shanuka Jagodaarachchi with Lahiru Galappatti and Chinthala Rankothge for Petitioner-Appellant.
K.G. Jinasena for 1st Respondent instructed by D.K.V. Jayanath, Hashini Opatha, SC for 2nd, 3rd, 4th and 6th Respondents, J.A.A.P Jayasinghe for 5th Respondent.
Argued on: 17.01.2024 Decided on: 09.08.2024 Vijith K. Malalgoda PC J Petitioner-Petitioner (hereinafter referred to as the Petitioner) in both Applications had invoked the Writ jurisdiction of the Court of Appeal challenging the decisions of the 4th Respondent which were produced marked P-8 (a) and P-8 (b) in both applications.
In addition to the 2nd to 4th Respondents who were the ofÏcials from the Labour Department, the Petitioner had made two employees namely W.G.B.M. Ratnaweera as the first Respondent in Application 42/2013 (SC Appeal 43/2021) and W.K. Galagoda as the first Respondent in application 37/2013 (SC Appeal 49/2021). In addition to the above, the Monetary Board of the Central Bank was also made as the
