Liyanagamage v. Road Construction & Development Co. (Pvt) Ltd. – sllr 1994 volume 2 page 225

In the case between LIYANAGAMAGE and ROAD CONSTRUCTION & DEVELOPMENT CO. (PVT) LTD, the primary issue addressed was whether an employee previously confirmed under a predecessor company should be considered a probationer upon appointment by a successor, and whether such a probationer could be terminated without cause or due process. The Supreme Court held that the probationary appointment and summary termination of the employee in this context were not justified, establishing that mere contractual labeling as a probationer does not negate pre-existing confirmation or shield against mala fide dismissal. Key legal principles reaffirmed include the rule that arbitrary termination under the guise of probation cannot defeat established employee rights, drawing upon authorities such as Moosajees