Mahaweli Reach Hotels PLC vs. A. Wimalaweera, Commissioner General of Labour – CA WRT/0379/2019-2024
In the case between Mahaweli Reach Hotels PLC (Petitioner) and the 1st Respondent, the Commissioner General of Labour, along with several affected employees, the court addressed the issue of determining the proper date of termination of employment and the consequent legality of that termination under the Termination of Employees (Special Provisions) Act. The court held that the correct date of termination should be 12-12-2018, reaffirming the principle that where a termination is found unlawful, continuity of service is presumed until the judicial determination. Reliance was placed on existing statutory and case law including the National Minimum Wages of Workers Act and relevant gazette notifications to assess compensation, underscoring the importance of employment continuity and statutor

