KOTUWEGEDARA

Vs.

COMMISSIONER GENERAL OF LABOUR AND OTHERS

COURT OF APPEAL
WlJESUNDERA, J.
OBEYESEKERE, J.
CA/WRlT/13/2019
FEBRUARY 21, 2019

Writs of certiorari and mandamus-Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971, sections 2(1), 2(2), 2(3), 2(4), 5, 6, and 6A-Condition precedent to making an application to and receiving a decision from the Commissioner General of Labour Payment of wages pending inquiry-Jurisdiction of the Commissioner to hold the inquiry

The 6th respondent made an application under section 2 of the Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 to the 1st respondent Commissioner of Labour to terminate the services of the petitioner. In its application, the 6th respondent had indicated that it would pay basic salary to the petitioner until the final determination of the application. At the inquiry, the petitioner unsuccessfully raised a preliminary objection as to the maintainability of the application on the basis that the ceasing of paying allowances was tantamount to a termination of services and, as a result, the 1st respondent does not have jurisdiction to in