IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal in terms of Section 331 of the Code of Criminal Procedure Act No. 15 of 1979 read with Article 138 of the Constitution Assistant Commissioner of Labour District Labour Office Colombo North Complainant Vs.

Court of Appeal No: CA/ PHC/121/17 On behalf of Ceylon Oxygen Limited High Court of P. O. Box 322, Colombo Case No: HCRA/46/2016 (No. 50 Pangnananda Mawatha, Colombo

15)

Magistrate’s Court Case No: 55549/05

1. The Director Kattar Aloysius

2, 6th Lane Colombo 3

2. The Director Jayasooriya Mahathalage Lalith Mahimus Peiris

22, Maha Hunupitiya Negombo

3. The Director Kanagaratnam Nirmalan

8/1 Rosmead Place Colombo 07

4. The Director Per Kanaram No. 50 Pangnananda Mawatha, Colombo 15

5. The Director Lo Kim Heti

6. The Director Avanthsa Venkatteri Lakshmi Narasinghe Rao No. 24B, Bullers Lane Colombo 07

7. Assistant Commissioner of Labour District Labour Office Colombo North Labour Secretariate Narahenpita Colombo 5 Respondents And now between The Ceylon Mercantile, Industrial and General Workers’ Union No. 03, 22nd Lane Colombo 3 Petitioner – Appellant Vs.

1. Ceylon Oxygen Limited P.O. Box 22, Colombo More correctly Ceylon Oxygen Limited P.O. Box 22, Colombo No. 50 Pangnananda Mawatha, Colombo 15

2. The Director Kattar Aloysius

2, 6th Lane Colombo 3

3. The Director Jayasooriya Mahathalage Lalith Mahimus Peiris

22, Maha Hunupitiya Negombo

4. The Director Kanagaratnam Nirmalan

8/1 Rosmead Place Colombo 07

5. The Director Per Kanaram No. 50 Pangnananda Mawatha, Colombo 15

6. The Director Lo Kim Heti More correctly The Director Lo Kim Heti No. 50 Pangnananda Mawatha Colombo 15

7. The Director Avanthsa Venkatteri Lakshmi Narasinghe Rao No. 24B, Bullers Lane Colombo 07

8. Assistant Commissioner of Labour District Labour Office Colombo North Labour Secretariate Narahenpita Colombo 5 Respondent – Respondents BEFORE : Menaka Wijesundera J Neil Iddawala J COUNSEL : Saliya Edirisinghe for the Petitioner-

Appellant.

Kamran Aziz with Ershan Anaratnam for the 1st Respondent Chandana Sri Nissanka for the 3rd and

4th Respondents Hashini Opatha SC for the 8th Respondent Argued on : 02.12.2021 Decided on : 18.01.2022 Iddawala – J This appeal has been filed by The Ceylon Mercantile, Industrial and General Workers’ Union, appellant-petitioner (hereinafter referred to as the petitioner) against the order dated 20.07.2017 delivered by the Learned Provincial High Court Judge of Colombo which dismissed the application of the petitioner, re-affirming the order of the Learned Additional Magistrate of Colombo dated 10.07.2014 which held in favour of the accused Ceylon Oxygen Limited (hereinafter referred to as the respondent) in MC Case No.

55549/05.

MC Case No. 55549/05 was filed by the Assistant Commissioner of Labour (hereinafter referred to as the complainant), charging the respondent for committing an offence under the provisions of section 40(1)(a), of the Industrial Disputes Act ((hereinafter referred to as the Act or IDA) for non-compliance with the arbitral award dated 29.03.2005 made under the provisions of the Act. Dissatisfied with the final determination dated 10.07.2014 by the Magistrate Court, the petitioner had filed a revisionary application in the Provincial High Court on 17.03.2016 to revise and set aside the said order of the Magistrate Court.

On 20.07.2017, the Provincial High Court delivered its order, dismissing the revision application. Aggrieved by such dismissal, the petitioner has preferred the present application to this Court, praying for, inter alia, the following:

1. Set aside the judgment of the learned Provincial High Court Judge dated

20.07.2017

2. Set aside the order of the Additional Magistrate in MC Case No. 55549/5 dated

10.07.2014

3. Order/direct the learned Additional Magistrate to take up for trial the Complaint and the Charge Sheet in Case No. 55549/5 The law relating to industrial disputes is primarily governed by the IDA, as amended and has witnesse