Court of Appeal dismisses SriLankan Airlines’ writ petition over salary cuts

Colombo, March 24 (Daily Mirror) - A writ application filed by SriLankan Airlines Limited, challenging the determination of the Assistant Commissioner of Labour relating to salary reductions implemented in 2020 due to the COVID-19 pandemic, including those affecting pilots, has been dismissed by the Court of Appeal.

In its judgment, the Court of Appeal held that the Labour Officer had acted within his jurisdiction.

The SriLankan Airline Pilots’ Guild lodged a complaint with the Commissioner of Labour on March 2, 2021, alleging that these measures were imposed unilaterally and resulted in unlawful deductions from wages. Acting on that complaint, a labour officer initiated proceedings and called for explanations from SriLankan Airlines.

After conducting an inquiry, the labour officer concluded that the reductions constituted unauthorised deductions from wages and recommended recovery under the Wages Boards Ordinance. 

Acting upon these findings, the Assistant Commissioner of Labour issued an order directing SriLankan Airlines to pay Rs. 1,928 million in deducted wages.

Aggrieved by the said determination, SriLankan Airlines filed a writ application seeking to quash the decision of the Assistant Commissioner of Labour.

The fourth and fifth respondents, Captain Suranga Samarasekera and the Airline Pilots’ Guild of Sri Lanka, filed objections to the writ application, alleging that the salary reductions were imposed unilaterally without the consent of the employees, particularly the pilots, and without statutory authority.

Justices Dhammika Ganepola and Adithya Patabendige observed that there was no basis to interfere with the impugned determination of the Assistant Commissioner of Labour. 

Accordingly, the application for writs of certiorari and prohibition was refused and dismissed.

• Dr. Romesh de Silva, P.C. with Palitha Kumarasinghe, P.C. and Niran
• Ankitel instructed by Rasika Wellappili appealed for the petitioner.
• State Counsel Medhaka Fernando appeared for the 1st to 3rd respondents.
• Dr. Sanjeewa Jayawardena, P.C. with Rukshan Senadheera instructed by
• Vidanapatirana Associates appeared for the 4th and 5th respondents.