Magpeck Exports Ltd. v. Commissioner of Labour – CA WRIT 02/2012-2002

In the case between P.M.K Garments (Pvt) Ltd and Inatub Garments (Pvt) Ltd (Petitioners) and V.B.P.K Weerasinghe (Commissioner General of Labour), Manoj Priyantha (Deputy Commissioner – Industrial Relations), K.P. Piyaseeli, Sarath Chandima Wickramarachchi, A.A. Kurunawathi, S.A. Dayawathi, and others (Respondents), the principal issue was whether the Petitioners’ directive requiring employees to report to an alternate location following flood-related factory closure constituted constructive termination under the Termination of Employment of Workmen (Special Provisions) Act No.45 of 1971. It was held that, lacking a contractual right of transfer and absent employee consent, the Petitioners’ ultimatum amounted to constructive termination, confirming that prior approval from the Commissioner