Ceylon Transport Board V. Samastha Lanka Motor Sevaka Samithiya

1963   Present : Sri Skanda Rajah, J.

CEYLON TRANSPORT BOARD, Appellant, and SAMASTHA LANKA
MOTOR SEVAKA SAMITHIYA, Respondent

S. C. 32 of 1961-Labour Tribunal, 3625

Labour Tribunal-Arbitral character of its functions-Validity of appointment of such tribunal by Minister-Ceylon (Constitution) Order in Council, 1946, s. 55-Industrial Disputes Act, No. 43 of 1950 (as amended by Acts 25 of 7956, 62 of 1957 and 4 of 1962), ss. 15A, 24, 31 A, 31B, 31C, 31D, 36 (4), 43 (4), 46 A-Misdirection.

The provisions of the Industrial Disputes Act vest the Labour Tribunals with arbitral power only and not with judicial power. Accordingly, a decision of a Labour Tribunal ordering the re-instatement of a workman and the pay­ment to him of accumulated wages cannot be regarded as invalid merely because the Tribunal was not appointed by the Judicial Service Commission under Article 55 of the Ceylon (Constitution) Order in Council, 1946.

Where a workman who has been dismissed twice by his employer makes a separate application for re-instatement in respect of each dismissal, a Labour Tribunal would be misdirecting

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