National Insurance Corporation v. Wijesinghe – sllr 2007 volume 2 page 263

In the case between National Insurance Corporation (Plaintiff) and Wijesinghe (Defendant), the court addressed whether the respondent’s departure from employment constituted constructive termination or retirement, and accordingly, whether the Labour Tribunal possessed jurisdiction under Section 31B(1)(a) of the Industrial Disputes Act. It was held that the respondent had accepted retirement upon reaching the prescribed age limit without contesting the denial of further service extension, and, therefore, no termination by the employer occurred. The holding reaffirmed the principle that Labour Tribunal jurisdiction hinges on actual employer termination rather than employee retirement. The court relied on the interpretation of Section 31B(1)(a) of the Industrial Disputes Act and prior jurisdi