B.K.M. Mahinda vs. Sri Lanka Ports Authority – SC APPEAL 182/2019-2023

Brief
In the case between B. K. M. Mahinda and the Sri Lanka Ports Authority, the court addressed whether an application to a Labour Tribunal under the Industrial Disputes Act constitutes an “action” within the meaning of Section 54 of the Sri Lanka Ports Authority Act and whether the statutory notice requirement is applicable to such proceedings. It was determined that applications to a Labour Tribunal are sui generis and do not fall within the definition of “action” for the purposes of Section 54. The findings established that termination of employment by the Sri Lanka Ports Authority is not an act done in pursuance of the SLPA Act for the operation of the notice provision. Accordingly, the High Court order was set aside, and the Applicant-Appellant’s case was remitted for further procee