E. S. Fernando v. United Workers Union and Another – sllr 1989 volume 2 page 199

In the case between E. S. Fernando and the United Workers Union, the court addressed the issue of whether an arbitrator’s order to reinstate ten workmen, following the justified dismissal of a workman named Gnanadasa, remained consistent with the arbitrator’s own factual findings. The court further examined whether repudiation of an award under Section 20 of the Industrial Disputes Act constituted an effective alternative remedy to a writ of certiorari. The holding determined that the reinstatement order was inconsistent with the arbitrator’s acknowledgment of justified dismissal and thus liable to be set aside. The principle reaffirmed is that alternative statutory remedies under Section 20 do not preclude judicial review by certiorari where an apparent error or legal misdirection exists

REF: sllr 1989 volume 2 page 199 Category: Tag:
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