Wimalasiri De Silva v. Gunatunga – sllr 1981 volume 2 page 433

In the case between Wimalasiri De Silva (petitioner) and Gunatunga (respondent), the court examined the validity of Regulation 41 of the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 1980, which deems a public servant to have vacated his post for unauthorized non-attendance, such as participation in a strike. The central legal issues concerned whether this “deeming” provision could override constitutional safeguards requiring dismissal to be effected by the Cabinet of Ministers under Article 55, and whether the lack of formal notice invalidated the process. It was concluded that the regulatory provision’s presumption of vacation of post was legally effective and consistent with statutory and constitutional requirements. The principle reaffirmed is that a statutory dee