Eksath Kamkaru Samithiya v. Upali Newspapers Ltd. and Others – sllr 2001 volume 1 page 105

In the case between EKSATH KAMKARU SAMITHIYA (Plaintiff) and UPALI NEWSPAPERS LTD and Others (Defendants), the court addressed whether the Minister of Labour possessed authority under Section 4(1) of the Industrial Disputes Act to refer a dispute to compulsory arbitration while applications were pending before the Labour Tribunal, and the implications of such action in light of Article 116(1) of the Constitution concerning judicial independence. It was held that the Minister’s action to refer the dispute for arbitration, while related applications remained before the Tribunal, contravened the protection of judicial independence guaranteed by the Constitution. The principle reaffirmed is that, during the pendency of proceedings before the Labour Tribunal, executive referral to compulsory ar