Eksath Kamkaru Samithiya v. Commissioner of Labour – sllr 2001 volume 2 page 137

The case between Eksath Kamkaru Samithiya (the petitioner union, representing 26 workmen) and the Commissioner of Labour, together with Jet Match Co. Ltd (the employer), addressed the issue of whether Section 6 of the Termination of Employment of Workmen Act No. 45 of 1971 requires the Commissioner to mandatorily reinstate workmen after an illegal termination, or whether the Commissioner retains discretion to order payment of compensation instead. The findings established that the term “may” in Section 6 confers a mandatory obligation on the Commissioner to reinstate workers when termination is found to be illegal, and that the order of the Commissioner referencing compensation was invalid. It was reaffirmed that, under the statute, illegal termination requires restoration of employment an