INDRAJITH RODRIGO V.
CENTRAL ENGINEERING CONSULTANCY BUREAU

SUPREME COURT
DR. SHIRANI BANDARANAYAKE, J.
AMARATUNGA,J.AND
MARSOOF, P.C., J.
S.C. APPEALNO. 57/2004
S. C. (SPL.). L.A. NO. 126/2004
H.C. APPEALNO. 105/2001
L. T. APPLICATIONNO. 13/1793/97
SEPTEMBER 25TH, 2008

Industrial Disputes Act No. 43 of 1950 -Section 31B - Application to a Labour Tribunal- Section 31C - Duties and powers of Labour Tribunal in regard to applications under Section 31B - Tribunal may make such order as may appear to be just and equitable - Maxim - ei incimbit probatio, qui dicit, non qui negat - Burden of proof lies upon him who affirms, not upon him who denies.

The High Court of the Western Province made the decision dated 25.03.2004 pursuant to an Appeal filed by the appellant - respondent-appellant (appellant) against the decision of the Labour Tribunal President, whereby the President made the order in favour of the appellant that he be reinstated in service in the respondent-appellant-respondent Bureau (respondent) and awarded Rs. 190,080.00 as compensation for the period he had been out of employment consequent to his interdiction and subsequent dismissal. In his