Thavarayan and Two Others v. Balakrishnan – sllr 1984 volume 1 page 189

The case between Thavarayan and Two Others (Plaintiffs) and Balakrishnan (Defendant) concerned whether a petition of appeal from a Labour Tribunal judgment satisfied the statutory requirement for certification by an Attorney-at-Law that the matter of law was fit for adjudication. The court held that, owing to the absence of the required certificate, the appeal was not properly constituted and was accordingly rejected. The Tribunal’s original decision, which found the dismissal of the respondent employee unjustified due to a breach of natural justice and a lack of discharged burden of proof by the employer, was affirmed. Emphasis was placed on the necessity for compliance with statutory procedural requirements under relevant labor legislation, as well as the employer’s obligation to justify