D. R. P. Abeysinghe vs Canwill Holdings Private Limited – SC APPEAL 91/2023-2024

In the case between D. R. P. Abeysinghe and Canwill Holdings Private Limited, the court addressed whether the Appellant qualified as an “employee” within the meaning of the Industrial Disputes Act, considering his dual role as Managing Director and Director. It was determined that the Appellant’s appointment was by nomination through board resolutions, not through a contract of employment. Consequently, no employer–employee relationship was established. The removal of the Appellant as Director, effected pursuant to the Companies Act, was found neither wrongful nor unlawful and correspondingly resulted in the cessation of his office as Managing Director. The decision reaffirmed that statutory and contractual requirements must both be satisfied for employee status under the Industrial Disput