Ariyapala Gunaratne v. The People’S Bank – sllr 1986 volume 1 page 338

In the case between Ariyapala Gunarathne (Plaintiff) and The People’s Bank (Defendant), the court addressed whether a contractual clause requiring an employee to resign from trade union membership as a condition for promotion infringed upon the constitutionally protected right to freedom of association under Article 18(1)(f) of the 1972 Constitution. It was held that such a condition constitutes an unlawful restriction on fundamental rights, with the promotion requirement deemed inconsistent with constitutional guarantees. The decision reaffirmed that restrictions on the freedom of association are permissible only under exceptional circumstances and through law, emphasizing the supremacy of constitutional protections for trade union rights over private contractual terms. This outcome reste