Bank of Ceylon vs H.S. Somaratne – SC H.C. C.A. L.A. NO: 183/2008-2009

In the case between Bank of Ceylon and H.S. Somaratne, the court addressed whether, in appeals arising under the Industrial Disputes Act and governed by the Code of Criminal Procedure, a petition of appeal must mandatorily include a certificate by an Attorney-at-Law certifying that the issues raised are fit for adjudication. The court held that strict compliance with the requirement for such a certificate is not mandatory in this context, and set aside the dismissal of the appeal by the Civil High Court, directing the court to hear the matter on its merits. The decision reaffirmed the principle that procedural rules governing appeals must be construed in line with legislative intent and relevant case law. Reliance was placed on statutory provisions including Sections 31D/31D(9) of the Indu