Wadduwage Muditha Saman Kumara Perera et al. vs Tri-Star Apparel Export (pvt) Ltd. et al. – CA WRIT APPLICATION NO.56/2012-2013

In the matter between Wadduwage Muditha Saman Kumara Perera and others (employees of Tri-Star Apparel Export (Pvt) Ltd.) and Tri-Star Apparel Export (Pvt) Ltd. with associated respondents, the court addressed whether the petitioners were unlawfully denied re-employment following a lay-off period not sanctioned for their employment units and whether the Arbitration Award, which denied them relief due to a purportedly vague reference, should be quashed. It was determined that the Arbitrator failed to consider non-employment as constructive termination and to provide appropriate relief. The principle reaffirmed was that the non-offer of employment, under these circumstances, constitutes constructive termination within the meaning of the Industrial Disputes Act. Reliance was placed on the scop