ASIAN HOTELS & PROPERTIES PLC VS.
BENJAMIN AND 5 OTHERS

SUPREME COURT
DR. SHIRANI A. BANDARANAYAKE,C.J.,
EKANAYAKE, J AND
IMAM,J.
S.C. APPEAL NO. 143/2010
S.C. (SPL) L.A. NO. 132/2010
C.A. APPL. NO. 4/2009 (WRIT)
MARCH 29TH, 2011

Industrial Disputes Act· Section 3(1)d, Section 4(1), Section 36(4),Section 17(1) - Duties and powers of arbitrator in settlement of disputes by Arbitration - Discretion of the Arbitrator to award just and equitable relief - Audi alteram partem - both sides shall be heard. Provisions of the Evidence Ordinance - Necessity to comply? Evidence ordinance Section 2, Section 114(f)

The 1st Respondent - Respondent (1st Respondent) was employed by Messers-Crescat Developments Ltd. as the Manager. Apartments Leasing and Rentals which was a subsidiary of the Petitioner - Appellant (Appellant). After holding an inquiry, the Appellant had terminated the 1st Respondent's services. The 3rd Respondent. The Minister of Labour Relations referred the dispute between the 1st Respondent and the appellant for arbitration before the Arbitrator (the 4th Respondent). The purported dispute according to the Appellant was,

1. whether the terminat