Lal Wasantha Abeywickrama v. W.A.A.M. Dharmasena – SC APPEAL NO. 142/10-2015

In the case between W.A.A.M. Dharmasena (workman) and the Superintendent of Kekunagoda Estate, Lal Wasantha Abeywickrama, and associated respondents, the court addressed whether the Labour Tribunal’s order overruling preliminary objections regarding the identity of the employer was legally sustainable. It was determined that the Tribunal’s approach in allowing the proceedings to continue—despite objections concerning the proper employer and the admissibility of evidence—did not contravene the Industrial Disputes Act. The findings established that an inquiry under section 31C(1) requires both legal and factual matters to be considered together, and the Tribunal’s inquisitorial powers extend to determining all issues necessary for a just and equitable order. The appeal was dismissed, with a