Upali Newspapers Ltd. v. Eksath Kamkaru Samithiya and Others – sllr 1999 volume 3 page 205

In the case between Upali Newspapers Ltd. (Plaintiff) and Eksath Kamkaru Samithiya and Others (Defendant), the court addressed the legality of the Minister’s authority under section 4(1) of the Industrial Disputes Act to refer an industrial dispute—pending before the Labour Tribunal—to arbitration, as well as the status of Labour Tribunal Presidents as judicial officers under Articles 114, 116, and 170 of the Constitution. It was held that such ministerial referral interferes with judicial functions and is not permissible under the relevant legislative provisions or constitutional safeguards. Consequently, the arbitrator’s award, made after such a reference, was found to be without jurisdiction and was quashed. The decision reaffirmed the principle of judicial independence and the separati