Board of Governors, St. Thomas’ College, Mt Lavinia v. Jathika Sevaka Sangamaya (On Behalf of Dayasena Fernando and G. G. Sumanadasa) – sllr 1999 volume 2 page 371

In the case between the Board of Governors, St. Thomas’ College, Mt Lavinia and the Jathika Sevaka Sangamaya (acting on behalf of terminated workmen), the court addressed whether the dismissal of applications for relief, following allegations of coercion made by the workmen regarding a colleague named Kannan, was justified. The court held that the Labour Tribunal had erred by focusing solely on whether Kannan was actually coerced rather than on whether the workmen genuinely believed the circumstances reported by Kannan. It was determined that the High Court was correct in intervening, as the Labour Tribunal’s approach amounted to an error of law. The principle reaffirmed is that the relevant consideration in such cases is the applicants’ bona fide belief in the facts as presented. The deci