ABEYRATNE VS. STATE TIMBER CORPORATION

ABEYRATNE
VS.
STATE TIMBER CORPORATION

COURT OF APPEAL
SRI SKANDARAJAH. J.
LECAMVASAM. J
CA WRIT 234/2009
DECEMBER 14, 2009.

Writ of Certiorari-State Industrial Corporations Act 49 of 1957 - Section 14, Section 26, Section 34, Section 35- Quashing appointment of the Chief Internal Auditor-Contract of employment-Does writ lie? Public Law-Private Law

The petitioner Assistant Internal Auditor of the Respondent Corporation by a Writ of Certiorari and a Writ of Quo-Warranto was seeking to quash the appointment of the 13th respondent as the Chief Internal Auditor of the 1st Respondent Corporation.

The respondent in the preliminary objection raised contended that, the appointment of the 13th respondent is arising from a contract of employment between the 13th respondent and the 1st respondent and challenge to a contract of employment has to be by civil action and not by judicial review-and the appointment was made by the Board of Directors of the 1st Respondent Corporation exercising the power vested in the Board of Directors under Section 35 of the Act.

Held:

(1) The Board of Directors is authorized to appoint officers and servants

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