Upali Newspapers (Private) Limited vs Dinesh Gunawardana – CA WRT/0555/2019-2023

In the case between Upali Newspapers (Private) Limited and Dinesh Gunawardana (Minister of Skills Development, Employment and Labour Relations) and others, the court addressed whether the Minister of Labour’s reference to arbitration under Section 4(1) of the Industrial Disputes Act concerning enhanced gratuity claims for retired employees was legally valid. It was determined that such a dispute, despite arising after cessation of employment and in connection with payment adjustments for gratuity, constituted an “industrial dispute” as defined by the Act. The holding reaffirmed the principle that disputes related to contracts of employment may be properly referred for arbitration even when the legal relationship has ended, provided the issues are rooted in the former employment. Reliance w