National Institute of Co-operative Development vs. Vimal Jayathilake Wijesekara – SC APPEAL NO 03/10-2017

In the case between the National Institute of Co-operative Development, Polgolla and VimalJayathilake Wijesekara, the court addressed the issue of whether the Labour Tribunal possessed jurisdiction to entertain an application relating to termination of employment by a public servant under the Industrial Disputes Act. It was held that the applicant, being a public servant at the time of the termination, was not eligible to seek redress from the Labour Tribunal, thereby affirming the principle that public servants cannot utilize the mechanisms established by the Industrial Disputes Act for addressing employment disputes. The decision relied on statutory interpretation of Section 49 of the Industrial Disputes Act, emphasizing that only employees outside the public service may avail themselves