Noor Jahan Ameen Hussain vs Bank of Ceylon and others – SC Appeal 175/11-2025

In the matter between Z. A. A. Hussain (Appellant) and the Bank of Ceylon (Respondent), the court addressed the issue of an arbitrator’s authority to award pension rights upon resignation under the Industrial Disputes Act and the Bank of Ceylon Pension Scheme 1988. The court held that the arbitrator lacked the legal power to grant pension to an employee who had resigned, as the pension scheme’s conditions for entitlement (e.g., reaching age 55 or termination on specific grounds) were not met. This decision affirmed the Court of Appeal’s quashing of the arbitrator’s award, reinforcing the principle that arbitral awards must align with statutory provisions and the terms of relevant schemes. This decision relied on Section 17(1) of the Industrial Disputes Act 1950 and the Bank of Ceylon Pensi