PGP Glass Ceylon plc vs P.A. Wimalaweera: Dismissal of Appeal Against Labor Tribunal Order
In this recent decision delivered by the High Court of Panadura, an appeal filed against the order of the Panadura Labour Tribunal was dismissed, reinforcing important judicial principles governing appellate intervention.
The appeal, filed by the Applicant – Appellant, sought to set aside the order issued by the learned President of the Panadura Labour Tribunal, and requested that the case be remitted for a re-trial, along with other ancillary reliefs. The Employers’ Federation of Ceylon appeared on behalf of the respondent against said appeal.
On delivering its decision, the Court reiterated that a “just and reasonable” order is not one given based on compassion or sympathy but must be rooted firmly within the framework of the law, applying judicial discretion correctly and fairly. The Court emphasized that when a Tribunal issues an order after diligently evaluating the evidence presented, without inconsistency or distortion, there is no necessity for appellate interference. As such, no sufficient or substantial grounds had been presented to warrant setting aside the Labour Tribunal’s decision.