Nelson De Silva v. Sri Lanka State Engineering Corporation – sllr 1996 volume 2 page 342

In the case between Nelson de Silva (Applicant–Appellant) and Sri Lanka State Engineering Corporation (Employer–Respondent), the court addressed the issue of whether a “vacation of post” had occurred, specifically requiring both physical absence and mental intent to abandon employment. It was held that mere physical absence from work without the requisite intention to relinquish employment does not suffice to establish a vacation of post. The principle reaffirmed in this decision is that both elements—absence and intent—are essential to prove abandonment, in line with established precedents. The ruling emphasized that the Labour Tribunal’s exclusive focus on physical absence constituted a misdirection of law. The court allowed the appeal, ordering reinstatement of the applicant as Security