John Keells Ltd. v. Ceylon Mercantile, Industrial And General Workers Union And Others – sllr 2006 volume 1 page 048

The case between JOHN KEELLS LTD. and CEYLON MERCANTILE, INDUSTRIAL AND GENERAL WORKERS UNION AND OTHERS addressed the justification for the termination of a workman based on alleged misconduct, focusing on the admissibility and probative value of evidence recorded in domestic inquiries compared to direct evidence before an arbitrator. It was held that evidence given without oath in a domestic inquiry lacks sufficient guarantees of truthfulness unless corroborated through direct examination before the arbitrator. The principles under the Evidence Ordinance were found to govern the evaluation of such evidence in industrial arbitration. The court upheld the arbitrator’s decision granting reinstatement with back wages, reaffirming that alternative relief can only be considered when evidence s