Ceylon Workers Congress (On Behalf of M.G. Kalisinghe) v. The Sri Lanka State Plantation and Another – sllr 1993 volume 2 page 377

In the case between CEYLON WORKERS CONGRESS (on behalf of M. G. Kalisinghe) and THE SRI LANKA STATE PLANTATION AND ANOTHER, the issue concerned whether a workman could be lawfully terminated for failure to produce a police certificate, despite the absence of any proven criminal offense. It was held that such termination constituted constructive dismissal, reaffirming the principle that employment cannot be discontinued solely for failure to produce a police certificate when no misconduct or criminal charge is established. This decision relied on the interpretation of relevant company circulars and labor principles, emphasizing that management actions based solely on suspicion, without substantiated charges, are not justified.

H. W. Senanayake J. — It was determined that no disciplinary a