Textile, Garment and Clothing Workers’ Union vs. Diamond Cutters Limited – SC APPEAL 70/2022-2024

In the matter between Textile, Garment and Clothing Workers’ Union (for Kurukulasuriya Sunil Fonseka) and Diamond Cutters Limited, the court addressed the validity and curability of amendments to the caption of an application before the Labour Tribunal. It was held that a defect in the caption constituted a procedural irregularity that could be remedied through amendment, provided that no prejudice resulted to the respondent and that the substance of the application remained unaffected. Emphasizing established case law supporting a liberal approach to amendments in industrial dispute proceedings, the decision clarified that procedural technicalities should not impede substantive justice. The High Court’s order, which had disallowed the amendment on technical grounds, was set aside, and the