P.P. Gunawardena and others vs Balage Padmarupa – SC APPEAL NO. 29/2023-2024

The case between Balage Padmarupa and P.P. Gunawardena, Sidath Charuka Gunawardena addressed the issue of whether the termination following the closure of Hotel Francis was unlawful under the Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 and examined the proper calculation of compensation for alleged unjust termination. It was determined that the provisions of the TEWA Act applied only to businesses maintaining an average of over 15 employees, with the evidence indicating that the lower courts had erred in assessing both the application of the Act and the compensation amount. The findings established that, upon a thorough review of the employment numbers, timelines, and relevant factors such as the applicant’s age and alternative employment, the compensation