Packwell Lanka (Pvt) Ltd vs Commissioner General of Labour and Others – sllr 2019 volume 2 page 479

The case between Packwell Lanka (Pvt) Ltd and the Commissioner General of Labour and Others addressed whether the Commissioner General of Labour possesses jurisdiction to inquire into terminations carried out as punishment via disciplinary action. It was determined that when termination constitutes a disciplinary penalty, the Commissioner lacks jurisdiction under the Termination of Employment of Workmen (Special Provisions) Act, irrespective of compliance with statutory requirements, such as sections 2(4) and 2(5). The findings established that an employee aggrieved by a disciplinary dismissal must seek remedy before the Labour Tribunal. The Commissioner’s order for reinstatement with back wages was quashed, reaffirming the principle that statutory limits on jurisdiction must be strictly o