Wimalasiri Perera and Others vs Lakmali Enterprises Diesel and Petrol Motor Engineers and Others – sllr 2003 volume 1 page 062

In the case between Wimalasiri Perera and others (workmen/employees) and Lakmali Enterprises Diesel and Petrol Motor Engineers and others (employers), the court addressed whether the deposit of security under Section 31 D(4) of the Industrial Disputes Act is a mandatory requirement for an employer’s appeal to the High Court, and if the lack of such deposit justifies the rejection of the appeal. The findings established that while the requirement of security deposit is mandatory, a failure to explain non-compliance may justify rejection of the appeal. The Supreme Court set aside the High Court’s decision, restored the Labour Tribunal’s award in favor of the workmen, and directed payment of the originally awarded sum with an additional 25% and costs. This decision reaffirmed the mandatory na