East West Research & Design (Pvt) Ltd. v. Weerakoon, Commissioner of Labour – sllr 1993 volume 1 page 191

In the case between EAST WEST RESEARCH & DESIGN (PVT) LTD. and WEERAKOON, COMMISSIONER OF LABOUR, the court examined whether a prosecution for non-compliance with a Labour Tribunal order could be initiated or continued against a company under a winding-up order, without obtaining prior leave of the court as required by section 264 of the Companies Act, No. 17 of 1982. It was held that section 264 creates a mandatory bar against instituting or continuing any legal proceedings, including prosecutions, against a company in liquidation, unless the court that ordered the winding-up expressly grants leave. This principle was reinforced by references to statutory provisions and established precedents, ensuring the orderly and equitable distribution of a company’s assets during liquidation. The ap