Ceylon Estate Staffs Union vs Pussellawa Plantations Ltd – SC APPEAL NO. 30/2008-2012

In the case between Tissa Nanayakkara (Applicant/Appellant) and the Superintendent of Sunderland Estate, Pussellawa Plantations Ltd, and associated management companies (Respondents), the court addressed the legitimacy of employment termination and the appropriate standard of proof in labor disputes under Section 31B(1) of the Industrial Disputes Act. The court determined that the Respondent’s termination lacked evidentiary justification, considering inconsistencies between evidence presented at the Labour Tribunal and the Magistrate’s Court, including the absence of direct testimony and procedural shortcomings. Reinstatement was deemed inappropriate due to significant delays and the Respondent’s subsequent employment, resulting in an award of compensation as the suitable remedy. The findi