Jathika Sevaka Sangamaya Vs. Sri Lanka Hadabima Authority – SC APPEAL NO. 15/2013-2013

In the case between Jathika Sevaka Sangamaya (acting on behalf of named workmen including S.S. Samarasinghe, G.V.A.N. Senadheera, S.N. Nanayakkara, P.B.H. Denuwara, and Kalyani Samarakoon) and Sri Lanka Hadabima Authority, the court addressed whether the Labour Tribunal had jurisdiction to inquire into a termination of employment arising from a Cabinet policy decision. It was held that a Cabinet decision, even as an expression of government policy, does not oust the jurisdiction of judicial or quasi-judicial bodies such as the Labour Tribunal. The findings established that the previous orders of the Labour Tribunal and the High Court contained legal errors regarding jurisdiction and the assessment of evidence relating to the consequences of a Cabinet directive. The underlying principle rea