National Council for Disaster Management vs Hon. Minister of Labour and others – CA WRT 0654/23-2025

In this matter between the National Council for Disaster Management and its Director General (Petitioners) and the Minister of Labour, Commissioner General of Labour, an Arbitrator, and Mr. W.J.M.D. Nawaratne (Respondents), the court addressed the issue of an arbitrator’s jurisdiction over employment termination disputes. The court held that the termination of employment is not a ‘minor dispute’ under Section 4(1) of the Industrial Disputes Act, rendering the Minister’s referral and the arbitrator’s adjudication without jurisdiction. It was reaffirmed that a patent lack of jurisdiction makes an arbitral award a nullity, and a subsisting contract of employment is necessary for an award to take effect. The arbitration proceedings were also found to be irregular and unfair due to the petition