IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Joseph Kumar De Silva, 8-5/4, Golf Wing, Trillium Residencies, 153, Elvitigala Mawatha, Colombo 08.

Applicant SC APPEAL NO: SC/APPEAL/65/2021 SC LA NO: SC/HCCA/LA/88/2020 HCA/RA NO: 123/2018 (F)

LT NO: LT/08/188/2017 Vs.

1. Etihad Airways PJSC, P.O. Box 35566, Abu Dhabi, United Arab Emirates.

And also of

752, Dr. Danister De Silva Mawatha, Ground Floor, Rigel Building, Orion City, Colombo 09.

2. R.H. Douglas, Cluster General Manager, Etihad Airways PJSC, Level 3, East Tower, World Trade Center, Echelon Square, Colombo 01. Respondents AND BETWEEN Joseph Kumar De Silva, 8-5/4, Golf Wing, Trillium Residencies, 153, Elvitigala Mawatha, Colombo 08.

Applicant-Petitioner Vs.

1. Etihad Airways PJSC, P.O. Box 35566, Abu Dhabi, United Arab Emirates.

And also of

752, Dr. Danister De Silva Mawatha, Ground Floor, Rigel Building, Orion City, Colombo 09.

2. R.H. Douglas, Cluster General Manager, Etihad Airways PJSC, 752, Dr. Danister De Silva Mawatha, Ground Floor, Rigel Building, Orion City, Colombo 09.

Respondent-Respondents AND NOW BETWEEN Joseph Kumar De Silva, 8-5/4, Golf Wing, Trillium Residencies, 153, Elvitigala Mawatha, Colombo 08.

Applicant-Petitioner-Appellant Vs.

1. Etihad Airways PJSC, P.O. Box 35566, Abu Dhabi, United Arab Emirates.

And also of

752, Dr. Danister De Silva Mawatha, Ground Floor, Rigel Building, Orion City, Colombo 09.

2. R.H. Douglas, Cluster General Manager, Etihad Airways PJSC, 752, Dr. Danister De Silva Mawatha, Ground Floor, Rigel Building, Orion City, Colombo 09.

Respondent-Respondent-Respondents Before: Buwaneka Aluwihare, P.C., J.

E.A.G.R. Amarasekara, J.

Mahinda Samayawardhena, J.

Counsel: Nigel Hatch, P.C., with Shiroshini Illangage for the Applicant-Petitioner-Appellant.

Uditha Egalahewa, P.C., with Amaranath Fernando for the

1^st Respondent-Respondent-Respondent.

Argued on : 01.12.2022 Written submissions:

by the Applicant-Petitioner-Appellant on 16.08.2021 and

20.12.2022.

by the 1^st Respondent-Respondent-Respondent on

09.06.2022 and 10.01.2023.

Decided on: 09.11.2023 Samayawardhena, J.

The appellant’s services as the Country Manager in Sri Lanka of Etihad Airways were terminated by Etihad Airways by letter dated 03.07.2017. He filed an application dated 11.12.2017 in the Labour Tribunal of Colombo in terms of section 31B(1) of the Industrial Disputes Act, No. 43 of 1950, as amended, primarily seeking compensation and gratuity on the basis that the termination of his employment was unlawful. Although he filed the application against both Etihad Airways and its Cluster General Manager, at the time of supporting the application, it was informed to this Court that he would not proceed against the Cluster General Manager.

The Minister of Labour acting in terms of section 4(1) of the Industrial Disputes Act referred this dispute for settlement by arbitration by letter dated 28.12.2017. According to P7(a)-(e), the registrar for the arbitrator informed this to the appellant by letter dated 05.01.2018. The appellant surrendered to the jurisdiction of the arbitrator and filed the statement of facts dated 06.02.2018. The respondent Etihad Airways filed a preliminary statement/objection dated 20.03.2018 before the arbitrator seeking dismissal of the proceedings in limine on the basis that parallel proceedings cannot be maintained before both the Labour Tribunal and the arbitrator seeking the same relief. The appellant then filed answer dated 20.04.2018 reiterating that the arbitrator has jurisdiction to proceed with the matter and grant him relief.

In the meantime, the respondent filed answer in the Labour Tribunal dated 24.01.2018 and moved inter alia to dismiss the application of the petitioner in limine in terms of section 31B(2)(b) of the Industrial Disputes Act. The appellant filed answer in reply dated 23.02.2018 reaffirming that the Labour Tribunal has jurisdiction to proceed with the matter and grant him relief. Both parties made oral submissions followed by written