An analysis of the jurisdiction, duties and powers of an industrial arbitrator in Sri Lanka

Abstract

The Industrial Disputes Act has been enacted to achieve industrial peace through maintenance of harmonious industrial relations. Industrial peace becomes increasingly important inter alia to attract investors and to provide the services essential to the life of the community. The Act provides mechanisms for settlement of industrial disputes which consist of collective agreement, conciliation, arbitration, industrial court and labour tribunal. Settlement of industrial disputes by conciliation is not always possible. In such circumstances, settlement of industrial disputes by arbitration becomes an appropriate method. The provisions of the Act confer jurisdiction, duties and powers on an industrial arbitrator to achieve its objective. However, the provisions of the Act provide a basic legal framework for arbitration. The question lies here is whether an industrial arbitrator is adequately empowered by the Act to settle industrial disputes in order to achieve the objective of the Act. Hence, the objective of this research was to explore the scope of the jurisdiction, duties and powers of an industrial arbitrator to settle industrial disputes. The research methodology adopted for this research was analysis of the provisions of the Industrial Disputes Act, decided cases, journal articles and text books. It is found that although the Act provides skeleton framework, creative role played by the Appellate Courts have provided flesh and blood to the skeleton. The wordings of the provisions of the Act, underlying just and equitable concept, judicial activism of the Appellate Courts and the combined effect of all expands the jurisdiction and confer very wide powers to an industrial arbitrator, subject to necessary safeguards, to perform his functions to achieve the objective of the Act. The powers of an industrial arbitrator are wider and flexible than the powers of a civil arbitrator or commercial arbitrator. It makes industrial arbitration an effective mechanism to settle industrial disputes which is essential to make Sri Lanka as a hub for investment in Asia.