Hewagam Korale East Multi Purpose Co Operative Society Limited, Hanwella v. Hemawathie Perera and Another – sllr 1986 volume 2 page 173

In the case between Hewagam Korale East Multi-Purpose Co-operative Society Limited and Hemawathie Perera, the court addressed whether an appeal filed within the statutory time limit remains valid if the trade union, which acted on behalf of the workman before the Labour Tribunal, is not named as a respondent. It was held that omitting the trade union, a necessary party, from the respondent list constitutes a fundamental procedural defect that cannot be cured after the expiration of the prescribed period. The principle was reaffirmed that the proper constitution of parties is a mandatory precondition for a valid appeal, consistent with the requirements of the Industrial Disputes Act and the authority in Usoof et al. v. Nadarajah Chettiar et al. The decision underscores that failing to name