KARUNAWATHI V. UNIVERSITY OF KELANIVA
KARUNAWATHI V. UNIVERSITY OF KELANIVA
SUPREME COURT
SALEEM MARSOOF,P.C., J.
CHANDRA EKANAYAKE, J. AND
S.I. IMAM, J.
S.C. APPEAL 66/07
S.C. (SPL) LA APPLICATION NO. 130/2007
H.C.A.L.T.NO. 127/2006
L.T. WATTALA APPLICATION NO. 31/74/2004
AUGUST 22ND, 2007
OCTOBER 10th, 2007
MARCH 12th, 2012
Industrial Disputes Act No. 43 of 1950 - Section 31B(1) -
Application to a Labour Tribunal against the unjust and unreasonable termination
of services - Employer - Employee relationship -
Burden of proof. - Contract of Service - Contract for Service.
The Appellant filed an amended application in the Labour Tribunal in terms of
Section 31B(l) of the Industrial Disputes Act against the alleged unjust and
unreasonable termination of her services by the
Respondent and sought reinstatement, arrears of wages and EPF and ETF payments
for the entire period of her service. At the conclusion of the inquiry, the
Labour Tribunal dismissed the Appellant's application declaring that she would
only be entitled to statutory dues, if any.
The Appellant appealed against the said order to the High Court (Negombo). The
learned High Court Judge at the conclusion
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