Kotuwegedara vs. Commissioner General of Labour and Others – sllr 2019 volume 2 page 375

In the case between Kotuwegedara (Plaintiff) and the Commissioner General of Labour and Others (Defendants), the Court addressed whether the non-payment of allowances, subsequent to an application under Section 2(1)(b) of the Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971 (TEW Act), constituted a termination of employment. It was determined that payment of the basic salary, without allowances after such application, did not invalidate the termination process under the Act. The Court reaffirmed that the inquiry into the application was appropriately conducted under Section 2(2), and clarified the scope of the employer’s obligation to maintain wage payments, inclusive of basic salary and other agreed payments, until the conclusion of the Commissioner’s decision