Assistant Commissioner of Labour Vs. Adelphie (Pvt) Ltd. and others – C A PHC APN 121/2015-2015

In the case between the Assistant Commissioner of Labour, Labour Commissioner’s Office, Colombo South, and Adelphie (Pvt) Ltd. with its directors Ahmed Sabri Hafeel and Upul Mahendra Colomba Mudalige, the court addressed the personal liability of company directors for non-compliance with an order of the Labour Tribunal under the Industrial Disputes Act. It was held that company directors remained personally liable for the company’s failure to pay a sum awarded to a former employee, emphasizing that statutory resignation procedures must be strictly followed to avoid director liability. The principle reaffirmed is that directorship liability persists unless and until a formal resignation is effected in accordance with statutory requirements. The decision relies on sections 40 and 41 of the I