Ceylon Heavy Industries and Construction Company Limited v. Hon. Athauda Seneviratne, et al – CA WRIT/366/2008-2008

In the case between Ceylon Heavy Industries and Construction Company Limited (Petitioner) and Athauda Seneviratne, Minister of Labour Relations and Manpower, D.S. Edirisinghe, Commissioner General of Labour, P. Nawaratne, Arbitrator, Sri Lanka Nidahas Sewaka Sangamaya (Trade Union), W.T. Amarasinghe, and the Registrar, Industrial Court (Respondents), the court addressed whether the retirement of Mr. W.T. Amarasinghe at age 55 was legally justified and whether the arbitrator’s award directing reinstatement and back wages ought to be quashed by writ of certiorari. It was held that the arbitrator misinterpreted the legal status of employment and retirement policy, constituting an error of law on the face of the record. The key legal principle reaffirmed was that arbitrators are required to co