Vadivel Vigneswaran and Vadivel Maheswaran vs. Bank of Ceylon – SC APPEAL 86/2016-2023

In the case between Vadivel Vigneswaran (Applicant-Respondent-Petitioner) and the Bank of Ceylon (Respondents-Appellants), the Supreme Court considered whether employees recruited under oral, ad-hoc arrangements during a period of armed conflict were casual or de facto permanent employees, and determined the appropriate remedy for wrongful termination. It was held that the employment relationship is to be characterized based on the substance of duties performed and objective evidence of regular work, rather than formal contractual status or labels. The Court affirmed that, while reinstatement is ordinarily the remedy for wrongful termination, compensation may be suitable given practical considerations such as the passage of time and prospects for alternative employment. Citing relevant pre