Sri Lanka Transport Board et al. vs A. Arunthavam et al. – SC APPEAL 46/2019-2024

The case between the five bus conductors and the Sri Lanka Transport Board addressed the issue of whether an application for relief was time-barred and whether Labour Tribunals possess discretionary authority in granting just and equitable relief. It was determined that an objection regarding the application’s timeliness, if not raised at the earliest opportunity, is deemed waived. The decision reaffirmed the principle that statutory rules may yield to the discretionary powers of Labour Tribunals when dispensing just and equitable relief, relying on established legal precedents regarding waiver and discretionary adjudication.

K. Priyantha Fernando, J. — It was determined that the failure to raise a timely objection on the jurisdictional issue resulted in a waiver of the objection. It w