SRI LANKA TELECOM LTD

VS.

HUMAN RIGHTS COMMISSION OF SRI LANKA AND OTHERS

SUPREME COURT
DE ABREW, J.
ABEYRATNE, J.
PERERA, J.
SC/APPEAL/215/2012
SC/SPL/LN47/2012
CA/WRIT/519/2008
NOVEMBER 25, 2016

Human Rights Commission Act, No. 21 of 1996, section 15- Recommendations affecting the rights of parties-Amenability to writ jurisdiction

The 8th respondent, an employee of Sri Lanka Telecom Ltd, was transferred from the marketing division to the commercial division. He did not report for duty to the commercial division. He filed an application in the Labour Tribunal against the constructive termination of his services and also complained to the Human Rights Commission (HRC) of the violation of his fundamental rights guaranteed under Article 12(1) of the Constitution. The Labour Tribunal dismissed his application on the basis that he had left the employment on his own. The HRC by letter marked 'G' recommended that he be reappointed in the salary scale A6 with all allowances and other payments and that he be paid reasonable compensation for the loss of his career. The letter further states that in terms of section 15 of the HRC Act, the petitioner e