Janatha Garment Manufacturers (Pvt) Ltd v Commissioner General of Labour et al – NO.158/2012-2012

In the case between Janatha Garment Manufacturers (Pvt) Ltd and the Commissioner General of Labour, Assistant Commissioner of Labour, and Ms. I.G.B.M. Samarawickrema, the court addressed whether the 1st and 2nd Respondents had jurisdiction under the Termination of Employment of Workmen (Special Provisions) Act (TEWSPA) to inquire into and order reinstatement with back wages for the 3rd Respondent, where the employer asserted the dismissal was for disciplinary misconduct. It was held that the termination constituted a disciplinary dismissal, thereby precluding the Labour Commissioner’s jurisdiction under TEWSPA. The court reaffirmed the principle that disciplinary terminations fall outside the Commissioner’s powers and must instead be challenged before the Labour Tribunal. Reliance was plac