Brown & Company PLC vs. Mr. Prabath Chandrakeerthi, Commissioner General of Labour – CA WRIT 346/2021-2025

In the case between Brown & Company PLC and a group of labour officials, trade union representatives, and individual employees, the court addressed the issue of whether the transfer of employees to Fintek Managed Solutions (Pvt) Ltd amounted to an implied termination under the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TEWA). It was held that the unilateral transfer of employees without their consent constituted an implied termination, thereby entitling the employees to compensation in accordance with TEWA. The principle established reiterates that any change of employer without express employee consent, resulting in cessation of employment for the original employer, invokes statutory protections for compensation. The decision relied on statutory interpre