Peoples’ Bank vs Peoples’ Bank Pensioner’s Association – CA 262/10-2012

In the case between Peoples’ Bank (Petitioner) and, among others, the Peoples’ Bank Pensioners’ Association and the Commissioner of Labour (Respondents), the issue concerned whether the writ application should proceed after the death of the previously appointed arbitrator before completion of arbitral proceedings. It was determined that, pursuant to the Industrial Disputes Act, a new arbitrator must be appointed, and the pending application could not continue on its present footing. The holding confirmed that withdrawal of the application was appropriate under these circumstances, reaffirming the principle that procedural steps, such as substitution or re-filing, are necessary when the legal basis for the earlier application is undermined by events such as the death of an arbitrator. The d

REF: CA 262/10-2012 Category: Tag:
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