De Costa v. Anz Grindlays Bank Plc. – sllr 1996 volume 1 page 307

Brief
In The National Union of Workers v. The Scottish Ceylon Tea Company Ltd., the court examined whether a post-resignation claim for gratuity constitutes an “industrial dispute” under the Industrial Disputes Act and if the Minister’s referral of such a claim for arbitration was within statutory powers. The court determined that a dispute regarding gratuity, even arising after cessation of employment, falls within the definition of “industrial dispute.” It was further held that the Minister’s referral for arbitration was valid and not ultra vires, recognizing that an arbitrator could address such claims as just and equitable under section 17(1) of the Act. The legal reasoning distinguished the jurisdiction of the Commissioner of Labour from that of an industrial arbitrator. This decision