Malini De Silva vs. Sivasamy – sllr 2020 volume 3 page 116

In the case between Malini De Silva and Sivasamy, the court addressed the propriety and quantum of compensation awarded in lieu of reinstatement following the unlawful termination of employment, specifically whether five years’ salary at an established daily wage of Rs.250 constituted a “just and equitable” computation under the Industrial Disputes Act. It was held that compensation based on this standard, considering the lengthy legal proceedings, evidentiary support for the wage claim, and the workman’s diminished prospects for alternative employment, was justified. The court reaffirmed the principle that compensation under the Industrial Disputes Act requires a holistic assessment of justice and equity in light of all circumstances, drawing upon statutory interpretation (sections 31 C(1