Finlays Colombo Limited vs. Hon. Manusha Nanayakkara and Others – CA WRIT NO.187/2023-2023

In Finlays Colombo Limited v. Hon. Manusha Nanayakkara, Minister of Labour and Foreign Employment and others, the court addressed the issue of whether interim relief should be granted to restrain Respondents from proceeding further with actions, including those under the Industrial Disputes Act, arising from termination decisions and interpretation of Clause No.25(5) of the Collective Agreement. The court held that the issuance of notice and interim relief was warranted to prevent prejudicial measures by the Respondents pending the conclusion of arbitration proceedings. This holding reaffirmed the principle that, where arbitral consideration has been agreed upon and is pending, the status quo should be preserved to avoid undermining the arbitration process. Reliance was placed on statutory