NESTLE LANKA PLC

Vs.

RAJAPAKSHE

SUPREME COURT
JAYASURIYA, C.J.
DEHIDENIYA, J.
THURAIRAJA, J.
SC/HC/LA/54/2018
HCA LT/86/2016
LT 21/95/2012
OCTOBER 31, 2019, FEBRUARY 28, MAY 15, 2020

Leave to appeal-Industrial Disputes Act, No. 43 of 1950, section 31DD-High Court of the Provinces (Special Provisions) Act, No. 19 of 1990, sections 3 and 10-Supreme Court Rules of 1990, rules 2, 6 and 8-Preliminary objection on non-compliance with the Rules-Tender of material at a later stage

The respondent successfully challenged the dismissal of his services by the petitioner before the Labour Tribunal. On appeal, the High Court affirmed the order. The petitioner filed an application for leave to appeal before the Supreme Court from the order of the High Court in terms of section 31 DD of the Industrial Disputes Act, No. 43 of 1950, as amended, read with sections 3 and 10 of the High Court of the Provinces (Special

Provisions) Act, No. 19 of 1990. The respondent moved to dismiss the application in limine on the basis that the petitioner failed to comply with Rules 2, 6 and 8 of the Supreme Court Rules of 1990. This was resisted by the petitioner inter alia on