Sri Lanka Broadcasting Corporation vs K.L.C Harendra et al – CA WRT/0453/2019-2019

The case between Sri Lanka Broadcasting Corporation (Petitioner) and K.L.C. Harendra with The Commissioner General of Labour and others (Respondents), addressed the legal issue of whether the Arbitrator exceeded his authority by awarding relief to the 1st Respondent for non-confirmation in the appropriate post and determining the correct date for calculating back wages. It was held that the Arbitrator remained within the scope of the reference, and the petitioner’s failure to provide the Scheme of Recruitment justified the adverse presumption against the petitioner. The principle reaffirmed was that an employer’s failure to adduce vital evidence may result in inferences unfavorable to the employer. The judgment relied on principles governing industrial arbitration and evidentiary presumpti