RSK Lanka Private Limited vs P.M. Nadika R. Pathiraja – SC APPEAL/115/2017-2023

In the case between RSK Lanka Private Limited (Employer-Respondent-Appellant) and P.M. Nadika R. Pathiraja SiriNiwasa Wadumunnegedara (Applicant-Appellant-Respondent), the court addressed the validity of a constructive termination claim, the scope of the labour tribunal’s jurisdiction, and whether the High Court exceeded jurisdiction under the Industrial Disputes Act. It was held that, as termination of employment was not established, the tribunal lacked jurisdiction to grant relief; the High Court’s order allowing return to work with half wages, absent established termination, was outside its authority. The court relied on the requirement of established termination under the Industrial Disputes Act, emphasizing that orders exceeding statutory jurisdiction are ultra vires and not sustainab