KOTAGALA PLANTATIONS LTD., AND ANOTHER V. CEYLON PLANTERS SOCIETY

KOTAGALA PLANTATIONS LTD., AND ANOTHER V.
CEYLON PLANTERS SOCIETY

SUPREME COURT
J.A.N. DE SILVA, CJ.
SRIPAVAN, J., AND
EKANAYAKE, J.
S.C. APPEAL NO. 144/2009
W.P./HCCA/KAL/ 1812008
LT/35/MG/ 102/2005
JULY 5TH,2010

Industrial Dispute - a dispute between an employer and workman workmen - Termination of Services of a workman - an appeal lies from an order of the Labour Tribunal to the High Court on a question of law.

    After trial the Labour Tribunal held that the termination of the services of the workman was justified and dismissed the application. I The Applicant- Appellant - Respondent appealed against the order of the Labour Tribunal to the High Court. The High Court allowed the appeal and granted compensation to the workman. The Respondent - Respondent - Appellants made an application for special leave to appeal to the Supreme Court and leave was granted on the following questions of law.

(a) Was the judgment of the High Court just and equitable?

(b) Was the judgment of the High Court contrary to law?

(c) Did the High Court err in law by not evaluating the evidence and the award of the Labour Tribunal?

(d) Whether the High Court erred in law computing the compensation payable to the said employee?

Held

(1) The learned Judge of the High Court has failed to consider the fact  that the question of arriving at a decision on the primary facts of a case rests with the original Tribunal.

It is not for an Appellate Court to view the evidence and come to a different conclusion regarding the facts of the case, unless the finding on the facts by the Tribunal was against the weight of the evidence.

(2) An allegation involving misconduct or moral turpitude is a determining factor in proceeding before a Labour Tribunal in order to decide whether the workman is a fit and proper person to be continued in employment in an establishment.

(3) If the conduct of the workman had induced the termination, he cannot in justice and equity claim compensation for loss of career.

Per J. A. N. De Silva, C.J.,

"The jurisdiction of the Labour Tribunal is intended to produce in a reasonable measure a sense of security in a workman so long as he performs his duties efficiently, faithfully, and for the betterment of his establishment and not otherwise".

Per J. A. N. De Silva, CJ.,-

"Judicial discretion plays an indispensable part in out legal system. However, such discretion must be exercised fairly and reasonable i within the four corners of the Industrial Disputes Act. Though a just and equitable order must be fair by the parties to an  application, it never means the interests of the workman alone be safeguarded."

APPEAL against the Judgment of the High Court to the Supreme Court i with leave been granted.

Cases referred to :-

(1) Caledonian Estates Ltd. v. Hilllman - 79 NLR 421

Udithu Egalahewa with Gihun Gulabodage for the - Respondent -Respondent-Appellants.

Gamini perera for the Applicant-Appellant-Respondent.

Cur.adv.vult

December 15th 2010

J. A. N. DE SILVA, CJ.

    The Applicant-Appellant-Respondent made an application on behalf of L.P.D. Seneviratne being a Planter, to the Labour Tribunal of Matugame alleging that the services of the said Seneviratne had been terminated wrongfully and unjustifiably and prayed that he be reinstated with back wages or in the alternative be granted compensation in lieu of reinstate-ment.

    The 1st Respondent-Respondent- Appellant filed answer stating that the services of the said Seneviratne were terminated after he was found guilty at a domestic inquiry held against him for misconduct and prayed that the application be dismissed

    The 2nd Respondent-Respondent-Appellant filed answer stating that it was the Managing Agent of the 1st Respondent -Respondent-Appellant and that there was no contract of employment between the said Seneviratne and the 2nd Respondent-Respondent-Appellant.

    A

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