Pradeep v. Skyspanasia (Pvt) Ltdand Others – sllr 2005 volume 3 page 121

Brief
In the case between Pradeep (Plaintiff) and Skyspanasia (Pvt) Ltd and others (Defendant), the court addressed the issue of whether the termination of workmen’s employment by the employer—absent prior consent from the Commissioner of Labour—was lawful under the Termination of Employment of Workmen (Special Provisions) Act. It was held that termination effected without such prior approval is illegal, null, and void. The principle reaffirmed is that the Commissioner, upon finding unlawful termination, holds discretionary but not absolute power under section 6 of the Act to order reinstatement with wages and benefits or alternative compensation, provided such discretion is exercised prospectively and within the statutory framework. Reliance was placed on the statutory interpretation of “