KARUNADASA v. UNIQUE GEM STONES LTD., AND OTHERS| 1997 1SLR 256

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The Commissioner of Labour (2nd respondent) acting on the recommendation of
an Assistant Commissioner (3rd respondent) to whom he had delegated the
power to hold an inquiry, as permitted by Section 11 of the Termination of
Employment of Workmen (Special Provisions) Act No. 45 of 1971, held that the
termination of services of the appellant workman was contrary to Section 2(1) of
the Act and ordered his reinstatement with back wages. The 2nd respondent
failed to give reasons for his decision, though requested by the 1st respondent
employer. No material was furnished by the 2nd or 3rd respondent at the hearing
of the application for certiorari; nor was the recom m endation of the 3rd
respondent produced. The Court was not asked by the 1 si respondent to call for
the record. Neither the 1st nor the 2nd respondent was represented at the hearing
in the Court of Appeal.

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