Morapana Commercial Co. Ltd. and Others v. Mariamma and Others – sllr 1994 volume 3 page 103

In the case between Morapana Commercial Co. Ltd. and others (representing the employer) and Mariamma, Ceylon Workers Congress, and others (representing the employees and trade union), the issue concerned whether workmen could be substituted as applicants in a Labour Tribunal proceeding when the trade union initially prosecuting their claim failed to pursue the matter. It was determined that, in accordance with sections 31(B)(1) and 31(C)(1) of the Industrial Disputes Act, the legislative objective to ensure effective access to redress was best served by permitting such substitution where a union neglects its prosecutorial duty. The order allowing the workmen’s substitution as applicants was upheld, with the Tribunal emphasizing the primacy of a just and equitable inquiry and confirming tha