Surath Wickremasinghe vs Nethisinghe and Two Others – sllr 2004 volume 3 page 325

In the case between Surath Wickremasinghe Associates (architectural firm) and Nethisinghe and others, the court addressed whether the Commissioner of Labour under the Termination of Employment of Workmen (Special Provisions) Act possesses the authority to award compensation in cases of illegal termination, except where business closure is involved. It was determined that the Commissioner’s statutory powers are confined to reinstatement and payment of back wages and benefits, with no general discretion to award compensation in lieu of reinstatement under Section 6. Reliance was placed upon a strict construction of Sections 2, 5, and 6 of the Act, supported by prior case law including Eksath Kamkaru Samithiya v Commissioner of Labour, to emphasize that any compensation order absent reinstate