NEXT MANUFACTURING (PVT) LTD

Vs.

JAYASUNDARA

SUPREME COURT
MALALGODA, J.
SURASENA, J.
THURAIRAJA, J.
SC/APPEAL/139/2017
SC/HC/LA/92/2016
HC/APPEAL/428/2012
LT NEGOMBO 21/2596/2009
FEBRUARY 10, 2020

Industrial Disputes Act, No. 43 of 1950, sections 12 to 15-Settlement of industrial dispute by the Commissioner General of Labour-Binding effect and repudiation of settlement-Jurisdiction of the Labour Tribunal

Once a settlement is reached on an industrial dispute before the Commissioner General of Labourin terms of section 12(1) of the Industrial Disputes Act, the Labour Tribunal lacks jurisdiction over the dispute.

APPEAL from the Judgment of the High Court of Negombo.

Manoli Jinadasa with Shehara Karunatne for the Respondent-Appellant-Appellant.

Thanuka Nandasiri for the Applicant-Respondent-Respondent.

cur. adv. vult.

June 9, 2020

THURAIRAJA, J.

The Employer, Next Manufacturing (Pvt.) ltd. is the Employer-Respondent-Appellant-Appellant (hereinafter sometimes referred to as the Employer-Appellant). The Employee, Ms. W.K.S. Jayasundara is the Applicant-Respondent-Respondent (hereinafter sometimes referred to as the Employee-Resp