ANZ Grindlay’S Bank v. Ministry of Labour and Others – sllr 1995 volume 2 page 053

The case between ANZ Grindlay’s Bank and the Ministry of Labour and Others addressed whether an industrial dispute under Section 4(1) of the Industrial Disputes Act can be referred to arbitration after the cessation of an employer–employee relationship. It was determined that for a valid arbitral reference, the dispute must have arisen during the period of employment. The holding reaffirmed the principle that an industrial dispute under the Act cannot originate after the end of employment. This decision relied on statutory interpretation and existing judicial precedents, establishing that the Minister’s order to refer the matter to arbitration was ultra vires, effectively reinforcing that statutory prerequisites for referral cannot be fulfilled post-termination of employment.

Senanayake J