United Engineering Workers Union v. Devanayagam

[1967] 2 All ER 367 (1967)

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United Engineering Workers Union v. Devanayagam

Judicial Committee of the Privy Council
[1967] 2 All ER 367 (1967)

KS

Facts

In Ceylon, the presidents of labor tribunals were appointed by the public service commission. Alternatively, the Ceylon constitution required that the judicial service commission oversee the appointment, transfer, dismissal, and discipline of all judicial offices. The United Engineering Workers Union (the union) (plaintiff), on behalf of a member, obtained an order from the labor tribunal requiring that K. W. Devanayagam (defendant) must reinstate a former employee. Devanayagam appealed, and the Ceylon Supreme Court reversed the lower court, determining that labor tribunal presidents were judicial officers and should have been appointed by the judicial service commission. The union appealed by special leave to the Privy Council, arguing that the labor tribunal president was properly appointed by the public service commission and that no constitutional requirement existed for the judicial service commission to appoint labor tribunal presidents.

Rule of Law

Issue

Holding and Reasoning (Dilhorne, J.)

Dissent (Guest, Devlin, J.J.)

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