IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for an Order in the nature of a Writ of Certiorari under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

CA/WRT/0555/2019 Upali Newspapers (Private) Limited No. 223, Bloemendhal Road, Colombo 13.

Petitioner Vs

1. Dinesh Gunawardana Minister of Skills Development, Employment and Labour Relations.

Labour Secretariat, Narahenpita, Colombo 5.

2. D.M. Sarath Abayagunawardana Secretary, Minister of Skills Development, Employment and Labour Relations, Labour Secretariat, Narahenpita, Colombo 5.

3. R. P. A. Wimalaweera Commissioner General of Labour, Department of Labour, Colombo 5.

4. S. Liyanage Arbitrator, No 13/30, Sarwodaya Mawatha Kesbewa, Piliyandala.

5. T. D. Tissa Gunasena No. 121/G/5, Swarna Jayanthi Mawatha, Asgiriwalola, Udugampola.

6. H.K.M.T.K. Dharmadasa No. 121/G/5, Swarna Jayanthi Mawatha, Asgiriwalola, Udugampola

7. K. Premasiri No. 39/73, Nelson Lane, Colombo 03.

8. M. B. K. Randeniya No. 256/2, Tissadeniya, Ambilmeegama Pilimathalawa.

9. R. L. P. B. Wijayanama No. 38/2/B, Naranwala, Gampaha.

10. H.V. Hemalatha No. 1116/06, 9th Lane, Wickremasinghepura, Battaramulla.

11. M. K, G. Wasantha Kumara No. 171/1.

Padiliyathuduwa Road, Hunupitiya, Wattala.

12. T. G. P. Peiris No. 441, Galle Road, Nalluruwa, Panadura.

13. J. W. Pushpakumara “Shashikala”, Nelligoda, Karagoda, Uyangoda.

14. L. W. Athukorala No. 63/B, Kothalawala, Vihara Mawatha, Kaduwela.

15. The Hon. Attorney General Attorney General’s Department.

Colombo 12.

Respondents Before: M. T. MOHAMMED LAFFAR, J.

S. U. B. Karalliyadde, J Counsel: Nalin Amarajeewa, instructed by Samarathne Associates for the Petitioner.

Saliya Edirisinghe for the 5^th – 14^th Respondents. M.

Amarasinghe S.C. for the State.

Argued on: 04.08.2022 & 27.07.2023.

Written Submissions on: 04.10.2023 By the Petitioner.

18.09.2023 By the 5th – 14th Respondents.

Decided on: 23.11.2023 MOHAMMED LAFFAR, J.

The Petitioner is seeking inter-alia, a Writ of Certiorari quashing the Notifications marked as P10, P11, P12 and P13 By P10, the Secretary to the Ministry of Labour and Trade Union Relations by letter dated 24-04-2018 informed the Petitioner that the Minister of Labour, by virtue of the powers vested in him by Section 4 (1) of the Industrial Disputes Act, No. 43 of 1950 (as amended) referred the Industrial Dispute between the Petitioner (employer) and the 5th to 14th Respondents (employees) to the Arbitrator (4th Respondent). P12 is the reference made by the Minister of Labour to the Arbitrator in respect of the said Industrial Dispute, which is reproduced as follows;

“Whether the 10 employees (5th to 14 Respondents) have been caused injustice by the earlier practice of payment of gratuity based on one month's salary per year for employees retiring with a service period of more than 10 years at the Upali News Papers, being changed to half a month salary per year and if such injustice has been caused, to what reliefs they are entitled.”

P11 is the notification of the Commissioner of Labour with regard to P12. The Notice dated 18-05-2018 dispatched by the 4th Respondent to the Petitioner as to the said Arbitration proceedings is marked as P13 It is pertinent to note that the Petitioner is not seeking to quash the Arbitral Award made by the 4th Respondent. In this context, when the matter was taken up for argument on 31-03-2022, the learned Counsel for the Petitioner, the learned State Counsel for the 1st to 3rd Respondents and the learned Counsel for the 5th Respondent consented to confine the issues only to the question of law as set out below;

“Whether the reference made by the Minister of Labour to the Arbitrator is bad in law (P12)”

The learned Counsel for the Petitioner contended that the reference made by the Minister of Labour to the Arbitrator is erroneous and misconceived in law on the basis that;

(i). The Minister under Section 4 (1) of the Industrial Disputes