Elpitiya Plantations Ltd. v. Jayasinghe and Two Others – sllr 1997 volume 3 page 189

In the case between ELPITIYA PLANTATIONS LTD. and JAYASINGHE AND TWO OTHERS, the court addressed the issue of whether an employer’s failure to comply with a Labour Tribunal order—specifically regarding reinstatement of an employee and payment of backwages—constitutes an offence under Section 40(1)(q) of the Industrial Disputes Act, even while an appeal is pending. It was held that non-compliance with a Tribunal order is an offence notwithstanding the pendency of appeals, reaffirming the principle that Tribunal orders are binding and subject to enforcement unless a formal stay is granted. This decision was based on statutory interpretation of the Industrial Disputes Act, emphasizing that employers have a continuing obligation to comply with Tribunal orders, and the pendency of an appeal doe