IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for a mandate in the nature of a Writ of Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

CA/WRT/0352/2024 Trend Setters (Private) Limited, 117, Old Galle Road, Walana, Panadura.

Petitioner Vs.

1. H. K. K. A. Jayasundera, Commissioner General of Labour, Labour Secretariat, No: 41, Kirula Road, Colombo 5.

2. Priyani Fernando, Assistant Commissioner of Labour, Termination Unit, Department of Labour, Labour Secretariat, No: 41, Kirula Road, Colombo 5.

3. P. Mangallika Fernando No.170, Walapala, Panadura

4. U.B.R. Fernando, No.720/1, Galle Road, Molligoda Wadduwa.

5. H. Sobani Silva, Sri Saranapala Mawatha, Pinwatta, Panadura.

6. G. D. P. De Silva, No,4/4, Meegahakovila Rd, Pinwatta, Panadura.

7. M. G. Anura Jayaweera, 186/A, Mahara Nugegoda, Kadawatha.

8. K. Siriyawathi, No. 332/11/K, Samodayapura, Palanwatta, Pannipitiya 9. W. Nimasha Kumari, Kolomgahawaththa, Jalasagama, Kirama

10. K. J. P. S. W. De Vass, No. 50/3, 2^nd Lane, Batalanda, Hirana, Panadura

11. Nishantha Ranjan Fernando, “Nishantha", Thulapitiya Diyalagoda, Maggona.

12. R. L. Nirosha, No. 325, Pathinigewaththa Jayamawatha, Kudahilla, Beliaththa.

13. Sarath Upali Jayasinghe, No.164/2, Udaththawa, Batumulla, 14. R. Buddhika Anuranga Silva, No. 7 Pinwala Road, Walkada, Panadura

15. W. M. Ruvini, No.265/B, Jayasekara Mawatha, Maha Gedarawaththa

16. A. R. Fernando, No, 413, Moderawila Moravinna, Panadura.

17. Y. S. D. M. Silva, No. 140/B, Wadugedara State, Kalavila, Aluthgama.

18. K.A.A. Madhushika Fernando, No.79/1/1, Galagedarawaththa, Moravila, Panadura.

Respondents Before : M. T. Mohammed Laffar, J (ACT.P/CA).

K. M. S. Dissanayake, J.

Counsel: Faisz Musthapha, PC with Thushani Machado and Zainab Marker Akram for the Petitioner.

Tashya Gajanayake, SC for the 1^st and

2^ndRespondents.

Pubudu De Silva, instructed by D. K. S. de Silva for the 3rd to 18th Respondents.

Argued on : 18.02.2025 Written submissions of the Petitioner tendered on : 06.03.2025 Written submissions of the

1^st and 2^nd Respondents tendered on : 20.03.2025 Written submissions of the : 19.03.2025

3rd to 18th Respondents tendered on Decided on : 27.03.2025 K. M. S. Dissanayake, J.

Being dissatisfied by the Order dated 21.02.2023, annexed to the petition of the Petitioner-Trend Setters (PVT) Limited (hereinafter called and referred to as ‘the Petitioner’) marked as P8 thereto (hereinafter called and referred as ‘the order’), made by the 1st Respondent – the Commissioner General of Labour (hereinafter called and referred to as ‘the 1^st Respondent’.) by virtue of the powers vested in him by section 6A of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 as lastly, amended by the Termination of Employment of Workmen (Special Provisions) (Amendment) Act No. 23 of 2022 (hereinafter called and referred to as ‘the Act’) in pursuant to the several applications dated 01.11.2022 and 02.11.2022, made to him under and in terms of the provisions of the Act by the 3rd to 18th Respondents being employees of the Petitioner-Trend Setters (PVT) Limited (hereinafter called and referred to as ‘the 3^rd to 18^th Respondents’), the instant application had under and in terms of the Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter called and referred to as ‘the Constitution’), been preferred to this Court, by the Petitioner by presenting to this Court a petition dated 04.06.2024 under and in terms of section 10B(1) of the Act naming therein the 18 persons as the Respondents thereto praying inter alia, for the issue of an order in the nature of a writ of Certiorari quashing the order of the 1^st Respondent directing the Petitioner to deposit a sum of Rs. 9,643,500/- with him on or before 24.03.2023, and for an interim order staying the proceedings of the Magistrate’s Court of Panadura in case