Appeals from Labour Tribunals Can Be Filed in Any High Court Within the Province
“No Two Distinct Types of High Courts in Country”- CA
The Court of Appeal recently examined the jurisdiction of the High Courts in Sri Lanka, confirming that both the High Court of the Republic and the provincial High are not distinct entities. The Court also clarified the jurisdiction of the High Court, both in its first instance and appellate functions. It reaffirmed that an appeal from a Labour Tribunal may be filed in any High Court within the province, in line with the provisions of the Industrial Disputes Act.
In this case, an Applicant filed a case at the Labour Tribunal of Matara, leading to additional similar cases being filed. In April 2023, the Labour Tribunal ruled in favor of the applicants in several cases, prompting appeals to the High Court of Matara.
The Petitioner claims that the High Court of Matara advised them to file appeals in other High Courts within the province, such as Hambantota or Tangalle, due to a heavy case load (a claim that remains uncorroborated). After receiving further unfavorable judgments from the Labour Tribunal, the Petitioner filed 33 appeals in the High Court of Galle in April 2024.
The High Court of Galle dismissed all the appeals without a hearing, stating that they should have been filed in Matara. The Petitioner argues that this dismissal violated the principle of natural justice.
The Court of Appeal clarified that appeals from Labour Tribunals may be filed in any High Court within the province, provided valid reasons are given. Considering that the Petitioner had provided reasons for filing the appeals in Galle instead of other closer High Courts, the Court directed the Galle High Court to transfer the appeal to the High Court of Matara.
“…under Section 31C (3) of the Industrial Disputes Act and Section 3 of the High Court of the Provinces (Special Provisions) Act, the High Courts of Matara, Hambantota, Tangalle, Galle, and Balapitiya all within the Southern province possess jurisdiction to hear appeals against orders made by any Labour Tribunal within the province, including the Labour Tribunal of Matara….” – Justice M. Sampath K. B. Wijeratne
“…However, as previously noted, the provincial High Court of Sri Lanka, in addition to its original criminal jurisdiction, holds appellate and revisionary jurisdiction under Article 154P(3)(b) of the Constitution. It is also vested with writ jurisdiction under Article 154P (4) and any additional jurisdiction conferred by Parliament through legislation under Article 154P(3)(c). Following the enactment of the Judicature (Amendment) Act No. 34 of 2022, both the High Court of the Republic of Sri Lanka and the High Courts established for the Provinces under Article 154P of the Constitution are designated as courts of first instance for the administration of justice in Sri Lanka. However, this does not imply the existence of two distinct types of High Courts in the country. Rather, both names are acknowledged, possibly due to certain statutory provisions that specifically reference the High Court of the Republic.
In the circumstances, I am of the view that the room available for an appeal to be filed in any of the High Courts within the province, by passing the High Court within zone within which the original court or tribunal is situated is an issue need to be addressed by the Legislature. The deficiencies in the statutes may give rise to opportunities for forum shopping. However, legislation is the prerogative of the Legislature and should not be taken in by courts under the guise of interpretation.” – Justice M. Sampath K. B. Wijeratne
Judges’ Duty in Transferring Cases
The Court of Appeal addressed the duty of judges when it comes to transferring cases between High Courts. It stated that a judge should not transfer cases based solely on the volume of cases in a particular court. The Court emphasized that the judge’s role is to ensure that cases are transferred to the most appropriate court in line with the law and it should not be done merely to address the workload of courts.
“…judges must remain prepared to adjudicate any legitimate cases that come before them, irrespective of their volume. In my view, it is not a healthy practice for the Judiciary for one Judge to shift their responsibility onto another Judge. In the case of Ramalingam v. Parameswary and others1 (C.A.) His Lordship Wigneswaran J., observed that easing the workload is the most unfortunate and selfish reason for transferring a case….”
Filing an Appeal in a Distant High Court Without Valid Reason May Be Forum Shopping
“…In the Indian case of Michael Builders and Developers v The Indian Nursing Council , Justice Swarna Kanta Sharma defined, forum shopping to mean ‘attempt to choose a forum favourable’ Black’s Law Dictionary defines forum shopping to mean; ‘The practice of choosing the most favourable jurisdiction or court in which a claim might be heard’. Merriam Webster Dictionary defines forum shopping to mean; ‘The practice of choosing the court in which to bring an action from among courts that could properly exercise jurisdiction based on determination of which court is likely to provide the most favourable outcome’. ….”
“…the room available for an appeal to be filed in any of the High Courts within the province, by passing the High Court within zone within which the original court or tribunal is situated is an issue need to be addressed by the Legislature. The deficiencies in the statutes may give rise to opportunities for forum shopping. However, legislation is the prerogative of the Legislature and should not be taken in by courts under the guise of interpretation. In an appropriate case, filing an appeal in a High Court other than the nearest one within the province, without a valid reason, could be construed as forum shopping….” – Justice M. Sampath K. B. Wijeratne
Labour Tribunal Jurisdiction Extends Across Country
“…Under the Industrial Disputes Act, an applicant whose services have been terminated can file an application against the termination in any Labour Tribunal within Sri Lanka. Unlike first-instance courts such as the High Courts, District Courts, and Magistrate Courts, the territorial jurisdiction of the Labour Tribunal is not limited to a specific province, judicial zone, district, division or zone as published in the Gazette. Provincial High Courts are identified as the High Courts of their respective provinces, and District Courts are referred to as the District Court of the corresponding judicial district. Similarly, Magistrate’s Courts are designated as the Magistrate’s Court of the relevant judicial division. In contrast, Labour Tribunals are uniquely identified by numbers, as their jurisdiction extends across the entire island…”- Justice M. Sampath K. B. Wijeratne
Case No: C.A./ CPA No. 50/2024 [Decided on 13.12.2024]
BEFORE : M. Sampath K. B. Wijeratne J. & M. Ahsan. R. Marikar J.
