W.K.P.I. Rodrigo vs Central Engineering Consultancy Bureau – SC APPEAL 228/2017-2020

In the case between W.K.P.I. Rodrigo (Employee – Appellant) and Central Engineering Consultancy Bureau (Employer – Respondent), the court addressed whether section 31B(5) of the Industrial Disputes Act precludes a workman who has filed a fundamental rights application from seeking relief through a Labour Tribunal. It was held that a fundamental rights application and a Labour Tribunal application do not address the same matter, and that pursuing one does not automatically bar proceedings in the other forum. The interpretation of section 31B(5) was clarified in light of the dual purposes of preventing duplication and furthering industrial peace while distinguishing between subject matter and legal remedy in different forums. Guidance was provided that, where proceedings overlap, the Labour