Bartleet Produce Marketing (Pvt.) Ltd. vs V.B.P.K. Weerasinghe – CA 344/2011-2014

In the case between Bartleet Produce Marketing (Pvt.) Ltd. and V.B.P.K. Weerasinghe (Commissioner General of Labour) & others, the court addressed whether the 3rd Respondent, H.V.R. Caldera, was properly classified as an independent contractor or whether he qualified as an employee entitled to statutory protection under the Termination of Employment (Special Provisions) Act No. 45 of 1971. It was determined that the factual and legal circumstances, including the nature of the consultancy agreement, absence of control, and lack of standard employment conditions, supported the classification of the 3rd Respondent as an independent contractor. The court further found that the order given by the Commissioner General of Labour failed to provide adequate reasons and did not conform to required l