Jungle Safari Lanka (Pvt) Limited vs H.M. Siriwardana – SC APPEAL 03/2023-2024

In the case between H.M. Siriwardana and Jungle Safari Lanka (Pvt) Limited, the court addressed the issue of whether the termination of employment was “constructive” in nature and whether the Labour Tribunal had jurisdiction to entertain the dispute after the Respondent had already sought relief in another forum. It was determined that the Respondent’s prior recourse to the Labour Commissioner barred the Labour Tribunal from exercising jurisdiction under section 31B of the Industrial Disputes Act. The findings emphasized that once an alternative legal remedy has been pursued, the Labour Tribunal lacks authority to adjudicate the same grievance, thus the prior orders by the Tribunal and High Court were set aside. This affirmed the principle that invocation of one statutory remedy precludes