M.D. Gunasena & Co. Ltd vs. Somaratne Gamage – sllr 2013 volume 1 page 143

Brief
In the case between M.D. Gunasena & Co. Ltd (the employer/respondent-appellant) and Somaratne Gamage (the employee/applicant/respondent), the Supreme Court addressed whether the termination of employment for alleged misconduct was justified under the Industrial Disputes Act. It was determined that the domestic inquiry did not establish misconduct sufficient to warrant dismissal, and the findings from the Labour Tribunal and the Provincial High Court were upheld, confirming that the termination was unlawful. Reference was made to legal principles requiring misconduct to be inconsistent with the basic conditions of employment, drawing from English and local precedents. The Supreme Court held that reinstatement with back wages and compensation were the appropriate remedies, thereby reaf