Lanka Banku Sewaka Sangamaya vs People’s Bank – SC APPEAL 69/2011-2019
In the case between Lanka Banku Sewaka Sangamaya (on behalf of E.A. Sugathapala) and People’s Bank, the court addressed the issue of whether the correct standard of proof had been applied in a labour dispute concerning the dismissal of a bank officer for exceeding Temporary Overdraft (TOD) approval limits. It was held that the Labour Tribunal misapplied the burden of proof by requiring the bank to prove its case beyond reasonable doubt, and that the Provincial High Court had correctly set aside this decision by adopting the appropriate standard. The principle reaffirmed was that the balance of probabilities, not proof beyond reasonable doubt, is the correct standard in labour dispute proceedings unless expressly required otherwise by law. The decision relied on provisions of the Evidence O

