M Ganeshmoorthy v. John Keells Holdings PLC, Jaykay Marketing Services (Private) Ltd and Keells Food Products PLC – SC APPEAL NO. 187/2017-2016

In the case between M Ganeshmoorthy (workman) and John Keells Holdings PLC, Jaykay Marketing Services (Private) Limited, and Keells Food Products PLC, the court examined whether the Labour Tribunal’s directive for the respondent companies to commence the inquiry was legally justified, and addressed the allocation of the burden of proof regarding the identification of the workman’s employer amidst conflicting admissions from the respondents. The findings established that, given the first respondent’s admission to both employment and termination and the interconnected nature of the companies, the Tribunal’s directive was proper. The appeal was dismissed and the Tribunal was instructed to proceed without delay. The legal principle reaffirmed was that, under the Industrial Disputes Act and rel