Sinhaputhra Finance PLC vs H. M. W. Herath et al. – CA WRT/0442/2020-2023

In the case between Sinhaputhra Finance PLC and H. M. W. Herath, G. M. D. M. Bandare, B. A. S. P. K. Balasuriya, and the Commissioner General of Labour, the court addressed the issue of whether the petitioner’s absence in court, alleged to be due to non-receipt of notices, warranted setting aside the dismissal order under Article 140. It was held that notices dispatched via registered post were properly served, and the presumption of proper service applied under Section 114 of the Evidence Ordinance. The petitioner’s and its attorney’s negligence in ascertaining court dates was deemed significant, and relief was not granted as a matter of right in writ applications where such negligence and delay were present. The earlier dismissal of the case was upheld, reiterating that proper notice ser