Jathika Sevaka Sangamaya vs. Sri Lanka Hadabima Authority – sllr 2015 volume 1 page 258

In the case between Jathika Sevaka Sangamaya (Party A) and Sri Lanka Hadabima Authority (Party B), the court addressed whether the termination of five workmen’s services by the respondent authority constituted unlawful termination under the Industrial Disputes Act, and whether a Cabinet decision could preclude jurisdiction of the Labour Tribunal in such matters. It was held that neither legislative nor executive action, including a Cabinet decision, can oust the judicial or quasi-judicial jurisdiction of Labour Tribunals. The principle reaffirmed was that judicial power and the jurisdiction of statutory tribunals must remain independent and free from executive encroachment, as required by constitutional provisions on separation of powers and judicial independence. Reliance was placed on re