Packserve (Pvt.) Ltd. vs Hon. John Senevirathne et al. – CA WRIT/122/2018-2022

The case between Packserve (Pvt.) Ltd. and the Hon. John Senevirathne, Minister of Labour and Trade Union Relations, A. Wimalaweera (Commissioner General of Labour), S. M. S. Jayawardena (Arbitrator), and the Sri Lanka Nidahas Sevaka Sangamaya concerned the validity of an arbitral award reinstating 28 terminated employees. The central issue was whether the Arbitrator’s decision to reinstate these workers with back wages, following a strike and subsequent summary termination by the petitioner, was tainted by illegality, failure to consider critical written submissions, or violation of natural justice. It was held that the Arbitrator’s award was valid; the application for a writ of certiorari to quash the award was refused. The findings affirmed that the Industrial Disputes Act grants wide d