Colombage v. Ceylon Petroleum Corporation – sllr 1999 volume 3 page 150

In the case between Colombage (plaintiff) and Ceylon Petroleum Corporation (defendant), the court addressed whether a Labour Tribunal, under Section 36(4) of the Industrial Disputes Act, may decide a charge based solely on inadmissible hearsay evidence, and the extent of the Tribunal’s obligation to ensure fairness in its judicial evaluation of evidence. The holding established that exclusive reliance on inadmissible hearsay was an error of law, compelling the setting aside of the Tribunal and High Court decisions. The court reaffirmed the principle that proceedings before the Tribunal, though not bound by the strict rules of evidence under the Evidence Ordinance, must still accord with fundamental fairness, preventing decisions based solely on unverified hearsay. Reference was made to the