CEYLON HOTEL CORPORATION LTD VS MINISTER OF LABOUR

CEYLON HOTEL CORPORATION LTD.
VS. MINISTER OF LABOUR

COURT OF APPEAL
SRISKANDARAJAH.J.
CA 337/2007 (A 1119)
MARCH 20, 2009
JUNE 5, 8, 2006

Writ of certiorari - Industrial Disputes Act Section 4(1) - Arbitrator dying before delivery of Award - Respondent revoking order appointing arbitrator and appointing new arbitrator - Legality? Party dying - wife substituted - Adoption of proceedings by new arbitrator - Validity   death of employee - status of wife - quashing of a frustrated order-

The claim by the respondent - employee for service charges, residence (food and lodging) expenses and annual bonus was refused by the petitioner Corporation matter was referred for arbitration. The first Arbitrator died on 24.10.1004 before the. delivery of the arbitral award. The Minister thereafter revoked the reference and made a fresh order in terms of Section 4(1) and appointed the 3rdrespondent as arbitrator, The new arbitrator sought to adopt the evidence already led.

It was contended by the respondent that, the reference is not valid as there is no industrial dispute between the parties - that, the Minister cannot revoke th

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