Gunaselvam V Commissioner of Labour and Others – sllr 2004 volume 2 page 035

In Gunaselsvam v. Commissioner of Labour, Assistant Commissioner of Labour (Termination), and the 3rd respondent Company, the court addressed whether the termination of the petitioner’s employment was governed by section 2 of the Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971, and if the statutory obligations under sections 5 and 6 were met in the order issued. It was held that the Commissioner was required to make a proper determination and issue an order pursuant to the Act, which was not fulfilled in the contested order, “X7.” The holding reaffirmed the statutory mandate that terminations falling within section 2 must be followed by strict adherence to the procedures in sections 5 and 6. Reliance was placed on the text of the Act and prior interpretive pre