JUDGMENT

B. Sasi Mahendran, J.

The Petitioner instituted this application by petition dated 08.06.2023 seeking inter alia a Writ of Certiorari quashing the decision contained in the Documents marked as P2 and P16 (d) and prohibiting Respondents from taking further steps in relation to gratuity.

The facts of this case are briefly as follows:

The Petitioner, Lanka Milk Foods (CWE) Ltd is a company engaged in the production and distribution of dairy products which is duly incorporated under the Companies Act No. 7 of 2007. The Petitioner states that the 5th Respondent joined the Petitioner Company on 1st June 2005 as a Sales Representative and worked in the same position until his termination on 28.01.2019.

The Petitioner states that, between September 2018 and January 2019, the Petitioner received various complaints about the misappropriation of Company money and/or goods and fraudulent practices engaged by the Area Sales Managers, Distribution Agents and Sales Representatives. Upon inquiries, it was revealed that the 5^th Respondent also had aided and abetted such fraudulent activities.

The Petitioner further states that while the investigations were ongoing, the 5th Respondent submitted a