Amerajeewa v. University of Colombo – sllr 1993 volume 2 page 327

In the case between the widow of a deceased store-keeper (Plaintiff/Appellant) and the University of Colombo (Defendant/Respondent), the court addressed the transmissibility of rights in a pending Labour Tribunal application upon the death of the applicant and the procedural requirements under section 31C(2) of the Industrial Disputes Act for substitution. It was held that the Labour Tribunal erred in dismissing the application without affording a hearing to the applicant’s widow as a potential substitute party, which contravened principles of natural justice. The principle reaffirmed is that rights in a pending res litigiosa under the Industrial Disputes Act do not lapse automatically upon the death of the applicant, and interested parties are to be afforded an opportunity to be heard on