Samarasinghe v. De Mel and Another – sllr 1982 volume 1 page 123

In the case between Samarasinghe (plaintiff) and De Mel and Another (defendants), the court considered whether the Commissioner of Labour’s order, which terminated employment but granted only gratuity, annual leave payments, and provident fund monies without compensation, was within the statutory authority provided by the Termination of Employment of Workmen (Special Provisions) Act. It was held that the Commissioner acted within the discretion conferred by section 2(2) of the Act and that the omission of additional compensation did not constitute a neglect of duty. The principle reaffirmed that the Commissioner is not bound to award compensation in every case and that judicial review by writ of Mandamus is not appropriate where statutory and procedural requirements have not been met or th