K. Sivasamy v. D.L.Hema Malini de Silva – SC APPEAL 25/2017-2020

In the case between K. Sivasamy and D.L. Hema Malini de Silva, the court considered whether the award of Rs.390,000 as compensation in lieu of reinstatement for unlawful termination was justified based on the evidence regarding the workman’s daily wage. The court held that the compensation, calculated on an average daily wage of Rs.250 and spanning five years, was appropriate and not excessive, reaffirming the principle that judicial awards in employment disputes should be “just and equitable,” with reference to all pertinent factors including service period, age, and circumstances affecting re-employment. Reliance was placed on the Industrial Disputes Act and consideration was given to the standard of evidentiary evaluation in labor proceedings. The Supreme Court dismissed the appeal, uph