The Sri Jayawardenapura General Hospital Board vs Hon. Athauda Seneviratne M.P. – CA 1749/2006-2013

In the case between the Sri Jayawardenapura General Hospital Board (Party A) and, among others, Hon. Athauda Seneviratne, Minister of Labour Relations and Foreign Employment, and the 6th Respondent employee (Party B), the court addressed whether the refusal to grant permanency in employment to certain Electro Cardiograph (ECG) Recordists was justified and whether the Arbitration award ordering permanency should be quashed. It was held that the Hospital Board’s treatment of the 6th Respondent was inconsistent and amounted to discrimination, affirming that the Arbitrator’s award of permanency was just and equitable, subject to the effective date stipulated by the relevant Ministry circular. The decision reaffirmed that consistent treatment in employment and recognition of the true nature of