Sri Lanka Insurance Corporation Limited vs. Gardihewa Kodikara Mallika Ratnapremi Fonseka – SC APPEAL NO. 45/2014-2021

In the case between Gardihewa Kodikara Mallika Ratnapremi Fonseka (Plaintiff) and Sri Lanka Insurance Corporation Limited (Defendant), the court addressed the lawfulness of the termination of employment and the appropriateness of awarding reinstatement or compensation. It was held that the plaintiff’s termination was unjustified, with neither fraud nor complicity in wrongdoing being proved on the evidence. The Labor Tribunal’s decision to grant compensation on the basis that reinstatement was moot due to retirement was upheld. The principle reaffirmed was that dismissal must be supported by credible and cogent evidence, and absent such proof, courts will not disturb factual findings of lower tribunals. Reliance was placed on established standards for proving misconduct in employment disput