Seylan Bank PLC vs. Commissioner General of Labour – CA WRIT 243/19-2024

In the case between Seylan Bank PLC and, among others, the Commissioner General of Labour and D. Waruna Ratnasekara, the Court addressed whether the unilateral issuance and application of internal circulars, specifically Circular No. SCL 2009/003 (Circular X3), constituted a valid amendment to the retirement age of employees as stipulated in the original letters of appointment. The Court determined that the petitioner bank’s reliance on Circular X3 to set the retirement age at 55 was lawful, and the extension of retirement age to 58 by an earlier circular (Circular X2) could be rescinded in the absence of its formal invalidation. The order by the Commissioner General of Labour reinstating the 2nd Respondent with back wages was held to be ultra vires, as the terms of retirement were governe