Joseph Kumar De Silva vs. Etihad Airways PJSC – SC APPEAL 65/2021-2023

In the case between Joseph Kumar De Silva (Applicant-Petitioner-Appellant) and Etihad Airways PJSC with R.H. Douglas (Respondents), the court addressed whether the Labour Tribunal should proceed with or suspend/dismiss an application made under the Industrial Disputes Act once the Minister has referred the dispute for compulsory arbitration. The ruling clarified that an application submitted to the Labour Tribunal prior to a Minister’s reference for arbitration need not be dismissed or suspended solely because of that referral, unless the referral precludes the Tribunal’s jurisdiction. The court’s decision rested on a detailed interpretation of sections 31B(2)(b) and 31B(3)(a) of the Industrial Disputes Act, consideration of procedural sequence, and reliance on established precedent, empha