Timex Garments (Private) Limited vs. The Commissioner General of Labour – CA WRIT/486/2021-2024

In the case between Timex Garments (Private) Limited and the Commissioner General of Labour and others, the court addressed the legality of terminating a probationary employee without written consent or prior approval as mandated under the Termination of Employment of Workmen Act, No.45 of 1971 (TEWA). It was held that such termination, effected solely due to alleged financial distress and without adherence to statutory procedures or independent assessment of the employee’s performance, was unlawful. The principle reaffirmed is that TEWA imposes protective procedural requirements even in instances involving probationary employees, and these statutory safeguards cannot be bypassed in favor of common law principles. The decision referenced judicial precedents and statutory interpretation to