Adin vs. The Owner, Beruwala Skagaraya – sllr 2013 volume 2 page 037

In the case between the workman-appellant and the employer (owner of Beruwala Skagaraya), the issue concerned the interpretation of Section 16(2) of the Workmen’s Compensation Ordinance, particularly regarding the Tribunal’s discretionary power to accept delayed applications based on both legal and humanitarian grounds. The findings established that the Tribunal had failed to recognize the full scope of its discretion by neglecting humanitarian considerations in addition to legal causes for delay. Reliance was placed on the principles underlying the Workmen’s Compensation Ordinance, reinforcing the requirement that procedural flexibility must be exercised to assist workmen in securing rightful compensation. The decision directed that the case, together with an order for costs, be remitted