Lanka Canneries (Pvt) Ltd Vs. Commissioner of Labour and Others – CA WRIT/385/2021-2021

In the case between Lanka Canneries (Pvt) Ltd (Petitioner) and the Commissioner of Labour, D. P. Dhammika Saddhasena, and Hewa Waththage Don Srimal Nishantha (Respondents), the court addressed the legality of terminating a probationer without specified reasons and whether such termination is permissible solely due to the expiry of the probationary period. It was held that termination of probationary employment must comply with the requirements of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TEWA), and that mere completion of a probation period does not justify termination. The principle affirmed is that procedural fairness and observance of natural justice are mandatory, and probationers are entitled to statutory protection. The decision relied upon TEW