National Lotteries Board v. Kulatunga, Labour Officer, Colombo South. – sllr 1991 volume 1 page 127

In the case between Kulatunga, Labour Officer, Colombo South (complainant) and the National Lotteries Board (accused-appellant), the issue concerned whether re-employment of an employee at a higher salary and the provision of additional compensation satisfied the Labour Tribunal’s order, and whether failure to pay the precise sum awarded by the Tribunal amounted to a punishable noncompliance under the Industrial Disputes Act and Penal Code. It was held that the employer’s actions, which included re-employment on enhanced terms and an extra payment exceeding the Tribunal’s order, constituted sufficient compliance. Reliance was placed on Section 72 of the Penal Code, which exempts acts justified by law from being offences. The decision clarifies that substantial compliance, where the relief