Rubberite Company Ltd. v. Labour Officer, Negombo – sllr 1990 volume 2 page 042

In the case between Rubberite Company Ltd. and the Labour Officer, Negombo, the court addressed the issue of whether the act of issuing an ultimatum during a lawful strike constituted a valid means of terminating employment or amounted to a “lock-out” under section 40(1)(i) of the Industrial Disputes Act. It was determined that the employer’s ultimatum, requiring workers to abandon their strike and report for work or else be considered as having abandoned their employment, contravened established legal principles protecting the right to strike and the ongoing employer–employee relationship during lawful industrial action. The statutory definition of “lock-out” and relevant authorities, including the rationale in Vine v. National Dock Labour Board, were invoked, with emphasis that participa