Vimal Jayathilake Wijesekara v. National Institute of Co-operative Development – SC APPEAL NO. 03/2010-2016

In the case between Vimal Jayathilake Wijesekara (Applicant‑Respondent) and the National Institute of Co‑operative Development, Polgolla (Respondent‑Appellant/Petitioner), the court addressed whether the appellant qualified as the employer at the material time under Section 31 DD(1) of the Industrial Disputes Act, and consequently, whether the appellant had standing to appeal a Labour Tribunal order. Consideration was given to the employment history, sequence of administrative actions, and statutory interpretation regarding the right of appeal. It was held that the preliminary objection on the appellant’s status as employer should be considered as part of the main appeal, and the case was directed to be listed for further hearing with notice to all parties. The principle reaffirmed was tha