Heenatigalla Kanaththage Kusum Heenatigalla vs Urban Development Authority – CA/WRIT/634/2023-2024

In the case between Heenatigalla Kanathage Kusum Heenatigalla and the Urban Development Authority, the court addressed whether a retired petitioner could maintain a “live” industrial dispute eligible for arbitration under Article 140 of the Constitution and the Industrial Disputes Act. The court held that the absence of an existing employer-employee relationship at the time of arbitration precluded the continuation of a “live” dispute and supported the arbitrator’s dismissal of the application on these grounds. This determination reaffirmed the principle that an industrial dispute must be subsisting for arbitral intervention, referencing statutory requirements within the Industrial Disputes Act and relevant precedents. The impact of this judgment underscores the necessity for an active emp