International Science and Technological Institute Inc. (Isti) v. Rosa and Another – sllr 1994 volume 3 page 233

In the case between International Science and Technological Institute Inc. (Plaintiff) and Rosa and Another (Defendant/Applicant-Respondent), the court addressed the issue of the proper law applicable in the context of an employment contract concluded abroad but performed in Sri Lanka, and the jurisdiction of the Labour Tribunal over the ensuing dispute. It was determined that the proper law should be the law of the place where the contract was entered into, after considering all attendant circumstances, including contract formation, location of performance, and residence of the parties. The court reaffirmed that the Labour Tribunal possesses flexible jurisdiction to ensure justice and equity in industrial disputes, even if this entails adjusting rigid contractual terms, and that procedura