1963 Present: Weerasooriya, S.P.J.

VIRAKESARI LTD., Petitioner, and P. O. FERNANDO and 4 others,
Respondents

S. C. 567 /61-Application for a Mandate in the nature of a Writ of
Certiorari

Certiorari-" Error of law appearing on the face of the record "-Legal position as to what constitutes " the record "-Delay as a ground for refusal of writ- Scope-Industrial dispute-" Lock-out"-Industrial Disputes Act (Cap. 131), ss. 3 (1) (c), 4 (2)-Trade Unions Ordinance, s. 2.

      In an application for a writ of certiorari to quash an award of an Industrial Court in an industrial dispute which was referred for settlement under section 4 (2) of the Industrial Disputes Act-

      Held : (i) The order of an inferior tribunal having a duty to act judicially in determining the rights of parties is liable to be quashed by a writ of certiorari for an error of law on the face of the record. In this connection, the " record " includes not only the formal order, but also all the documents which form the basis of the decision.

              (ii) The omission of an inferior tribunal to take into consideration a relevant document forming part of the recor