Inter Orient Logistice (Pvt.) Ltd vs C.M.U. and Others – sllr 2009 volume 2 page 296

In the case between Inter Orient Logistics (Pvt.) Ltd. and C.M.U. with other respondents, the court addressed whether the non-offer of employment to 38 prime mover drivers was justified under the Industrial Disputes Act, and whether the arbitrator exceeded jurisdiction by inquiring into the existence of an employer–employee relationship. It was determined that the referral of the dispute for arbitration by the Minister was proper, and that the arbitrator was required to inquire into the genuine nature of the industrial dispute, including the threshold issue of the employer–employee relationship. The application for a writ of certiorari challenging the arbitrator’s order was dismissed, reaffirming that arbitrators maintain jurisdiction to determine preliminary questions of employment within