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2024 Supreme(SRI)(CA) 479

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
N. Bandula Karunarathna, P/CA, B. Sasi Mahendran, JJ
Lanka Milk Foods (CWE) PLC – Appellant
Versus
B.KJ. Prabath Chandrakeerthi Commissioner General of Labour Labour Secretariat and others – Respondent


Advocates:
Shivan Cooay and Damithu Surasena for the Petitioners Nisala Seniya Fernando for the 4th Respondents. Manohara Jayasingh

The Petitioner instituted this application by petition dated 15.11.2022 seeking inter alia writs of Certiorari to quash the Award dated 25.09.2020 marked P17 and the Certificate dated 02.07.2021 marked P2.

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 4th Respondent joined a subsidiary of the Petitioner Company, Lanka Diaries (Pvt) Ltd, on 28th April 1998 as a Sales Representative. Thereafter, by letter dated 22.09.1999, the 4th Respondent was transferred to the Petitioner Company with effect from 01.06.1999 and on 27.11.2009, the 4th Respondent was promoted to grade ‘Non-Executive Grade II’. The 4th Respondent worked in the Petitioner Company until his termination on 28.01.2019.

The Petitioner states that, around September 2018, 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

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