Seylan Bank PLC vs. Commissioner General of Labour – CA WRIT 246/19-2024

In the case between Seylan Bank PLC and the Commissioner General of Labour and A. K. P. Sumith Amarasiri, the court addressed the issue of the validity and effect of bank circulars amending the retirement age, and whether corresponding employment terminations aligned with contractual arrangements and the Termination of Employment of Workmen (Special Provisions) Act (TEWA). The decision established that unilateral amendments to the retirement age by Circular X3 were ultra vires, irrational, and unreasonable, resulting in the quashing of the Labour Commissioner’s determination. The principle reaffirmed is that unilateral alteration of contractual terms governing retirement, particularly when inconsistent with statutory and established practices, cannot justify termination under TEWA. The out