Lanka Multi Moulds (Pvt) Ltd. v. Wimalasena, Commissioner of Labour and Others – sllr 2003 volume 1 page 143

Brief
In the case between Lanka Multi Moulds (Pvt) Ltd and Wimalasena, Commissioner of Labour, and others, the court addressed the validity of “prior consent in writing” for termination under section 2(1)(a) of the Termination of Employment of Workmen (Special Provisions) Act, and the interpretation of the Commissioner’s powers under section 6. It was held that the workman’s acceptance of post-termination benefits did not constitute valid prior consent to termination as envisaged by statute, and the Commissioner’s authority to order back wages, benefits, or reinstatement could be exercised flexibly, not necessarily jointly. The computation of back wages was clarified to avoid duplication of benefit. The result reaffirmed the principle that statutory safeguards regulating termination requir