Millers Limited. v. Ceylon Mercantile Industrial and General Workers Union (Cmu) – sllr 1993 volume 1 page 179

In the case between Miller Limited and the Ceylon Mercantile Industrial and General Workers Union, the court addressed whether a Labour Tribunal was justified in ordering the reinstatement of a workman without awarding back wages after finding misconduct. It was held that the denial of back wages, in light of the workman’s failure to prove unemployment post-dismissal and his misconduct, was just and equitable. This reaffirmed the principle that remedies should balance fairness towards both employer and employee. The decision relied on established statutory principles under labour law, underscoring that discretion in awarding remedies must consider conduct and the equities of the case. The High Court’s variation granting partial back wages was set aside, maintaining the Tribunal’s initial o