All Ceylon Commercial and Industrial Workers’ Union v. Nestle Lanka Ltd. – sllr 1999 volume 1 page 343

The case between All Ceylon Commercial and Industrial Workers’ Union (plaintiff) and Nestle Lanka Ltd. (defendant) addressed the issue of whether the termination of employee T. A. M. Hemasiri was justifiable under the Industrial Disputes Act, with particular reference to the arbitrator’s findings and the “no evidence rule.” The court held that the arbitrator’s award regarding one of the primary grounds for termination was unsupported by sufficient evidence and therefore quashed the award. The principle reaffirmed is that an arbitrator, though not strictly a judicial officer, must act judicially and cannot base findings on insufficient or absent evidence. Reliance was placed on statutory duties imposed by the Industrial Disputes Act and established legal precedents regarding the “no evidenc