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2024 Supreme(SRI)(CA) 455

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
N. Bandula Karunarathna, P/CA, B. Sasi Mahendran, JJ
The Sri Lanka Transport Board – Appellant
Versus
Hon. Attorney General – Respondent


Advocates:
Ranjith Ranawaka with Kosala Perera for the Petitioners Navodi de Zoysa, SC for the 3rd to 5th Respondents

B. Sasi Mahendran, J.

The Petitioner instituted this action praying for the following reliefs in the petition dated 15.07.2023.

A. Issue notice on the Respondents

B. Issue a writ of certiorari quashing decision of the 1st Respondent dated 2022.09.09 marked as (x)

C. Grants costs

D. Grant any other relief Your Lordships’ Court deem meet The facts of this case are briefly as follows:

According to the petition, there was a Voluntary Retirement Scheme introduced to the employees of the Sri Lanka Transport Board (SLTB) in the year of 2016 by the Circular dated 31.05.2016 marked as P2. Under the said scheme, the 2nd Respondent who was 59 years old made an application. There was another Circular issued dated 16.08.2016 (marked as P3) for the entitlement of gratuity.

The 2nd Respondent made an application to the Labour Commissioner on the basis that the Petitioner had not properly calculated the gratuity and the compensation which was due to him based on the said Circulars.

This matter was later referred to the Arbitrator who made an Award on 09.09.2024 which is marked as ‘X’. According to the Arbitrator (the 1st Respondent), he has calculated the compensation and gratuity on the basis that, on th

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