082-NLR-NLR-V-70-E.-COATES-CO.-LTD.-Appellant-and-A.-F.-JONES-CO.-LTD.-Respondent.pdf
SANSONI, C.J.—Indrasumana Thero v. KcUapugama Upali
369
Present: H. N. G. Fernando, C.J., and Abeyesundere, J.
E. COATES & CO. LTD., Appellant, and A. F. JONES& CO. LTD., Respondent
S. G. 173 {lnty.){66—D. C. GaUe, 3447jM
Conciliation Boards—Scope of their functions—Conciliation Boards Act, No. 10 of1958, as. 2, 6, 14.
The Conciliation Boards Act, No. 10 of 1958, does not apply to an action upona contract which was made in an area prior to the date when it became aConciliation Board area and in respect of which the dispute between the partiesalso arose prior to that date.
.A.PPEAL from an order of the District Court, Galle.
Ranganathan, Q.C., with Ananda Paranavitane, for the Defendant-Appellant.
W. Jayeuxirdene, Q.C., with Nimal Senanayaice, Bala Nadarajahand Mark Fernando, for the Plaintiff-Respondent.
360 H. N. O. FERNANDO, C.J.—E. Coates ds Co. Ltd. v. A. F. Jones <Ss Co. Ltd.
February 11, 1968. H. N. G. Fernando, C.J.—
This is an action upon a contract which was made after the enactmentof the Conciliation Boards Act No. 10 of 1958, but before the Wards ofthe Municipality of Galle were declared by order under Section 2 of thatAct to be a Conciliation Board area. It appears that the dispute betweenthe parties also arose before that order was made.
The point taken by the defence was that Section 14 of the Act appliesin relation to the present action. That section only applies to a disputereferred to in Section 6 of the Act, Section 6 of the Act prima facieapplies only to disputes arising after a particular area becomes aConciliation Board Area, and paragraph (c) of that Section appears primafacie to apply to disputes in respect of contracts made in an area after itbecomes a Conciliation Board Area. We hold therefore that since thecontract in the present case was made before the Galle Municipality Areabecame a Conciliation Board Area and since the dispute also arose beforethat time, the provisions of Section 6 do not apply in this case.Accordingly Section 14 also does not apply.
The learned District Judge has held that the Conciliation Boards ActNo. 10 of 1958 is ultra vires of the powers of Parliament. But in view ofthe opinion we have formed that the Act does not apply in regard to thepresent action, it is unnecessary to decide the constitutional question asto the validity of the Act, and the judgment of the learned District Judgemust not be regarded as having decided it.
The appeal is dismissed with costs, and the case will go back to theDistrict Court for trial on the remaining issues,
Abeyestjndebe, J.—I agree.
Appeal dismissed.