Ceylon Fertilizer Company Ltd. vs W.J.L.U. Wijeyaweera – CA WRIT NO. 761/2010-2013

In the matter between Ceylon Fertilizer Company Ltd. (Plaintiff/Petitioner) and W.J.L.U. Wijeyaweera (Commissioner General of Labour) and others (Defendants/Respondents), the court examined whether the Commissioner of Labour had jurisdiction under Section 2 of the Termination of the Workmen’s Service (Special Provisions) Act to order the reinstatement of an employee (the 4th Respondent) after the company declined to extend employment beyond age 57. It was determined that the company’s refusal to provide either extension or reasons for denial was unjustified, particularly in light of previous extensions granted to other similarly situated employees. The decision emphasized the obligation of a state-owned entity to apply relevant Public Administration and Public Enterprise Circulars consiste