Karunawathi v. University of Kelaniva – sllr 2013 volume 1 page 069

In the case between the appellant, a worker alleging unjust termination, and the University of Kelaniya, the court addressed whether the employment constituted a contract of service, thus entitling the worker to additional relief under the Industrial Disputes Act, or merely a contract for services. It was determined that the burden of proof lies with the workman to establish an employer–employee relationship in terms of Section 31B(1) of the Act. Upon analyzing the evidence, it was found that the appellant had been engaged as a temporary caretaker rather than a permanent employee, with significant emphasis on the nature of the appointment, absence of a formal letter, lack of a personal file, and the mode of remuneration. Affirming previous findings by the Labour Tribunal and the High Court