SEEMASAHITHA WARIYAPOLA MULTI-PURPOSE CO-OPERATIVE SOCIETY VS. PATHIRAJA AND OTHERS
SEEMASAHITHA WARIYAPOLA
MULTI-PURPOSE CO-OPERATIVE SOCIETY
Vs.
PATHIRAJA AND OTHERS
COURT OF APPEAL
GOONERATNE, J.
DR. FERNANDO, J.
CA/PHC/57/2016A AND CA/PHC/57/2016
HG KURUNEGALA HCW/1/2014
SEPTEMBER 25, 2020
Co-operative Societies Law, No. 5 of 1972,sections 58(2), 59(1), 59(4)-Recovery
of money under arbitral award-Whether certificate issued to the Magistrate in
terms of section 59(1)(c) can include interest component and costs-Meaning of
"amount due''-lntention of the legislature-Purposive interpretation
The respondent was an employee of the 2nd appellant Wariyapola Multi-Purpose
Co-operative Society Ltd. The 1st appellant Assistant Commissioner of
Co-operative Development referred a dispute between the respondent and the 2nd
appellant to an arbitrator in terms of section
58(2) of the Co-operative Societies Law, No. 5 of 1972, as amended.
The arbitrator made an award to the effect that the respondent was liable to pay
the 2nd appellant a sum of Rs. 160,131.62 together with interest thereon at a
rate of 20% per annum until the sum was paid in full. The respondent failed to
comply with the award and t
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