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2025 Supreme(SRI)(CA) 362

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K. M. G. H. KULATUNGA, J
Sellapperumage Nilusha Fernando and another. – Appellant
Versus
B. K. Prabath Chandrakeerthi Commissioner General of Labour and five others. – Respondent


Advocates:
Nisala Seniya Fernando for the Petitioners. S. Fernando, SC for the 1st and 2nd Respondents.

JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. The petitioners have preferred this application, inter alia, to quash the award dated 11.09.2020 (P-4), 11.03.2022 (P-8), and the certificate (P- 11), issued by the Commissioner of Labour under and by virtue of Section 8(1) of the Payment of Gratuity Act, No. 12 of 1983 as amended. The certificate was filed before the Magistrate of Nugegoda, dated 01.10.2022. The Commissioner of Labour, upon conducting an inquiry under the provisions of Act No. 12 of 1983, has issued a notice and certificate directing the payment of gratuity in a sum of Rs. 420,940.00 in total, in respect of three employees named and referred to in the Schedule annexed to P-11, as well as the Schedule referred to in P-4 and P-8.

2. Upon issuing P-8, the notice under Act No. 12 of 1983 on or about 11.03.2022, as the petitioners failed to make payment, the 1st respondent Commissioner of Labour, filed the said certificate (P-11) under Section 8(1) of the said Act in the Magistrate’s Court of Nugegoda. The learned Magistrate has accordingly issued summons, and the petitioners have shown cause by way of a statement of objections tendered on 16.05.2023.

3. The present application was su

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