IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application made under Article 128(2) of the Constitution of the Democratic Socialist Republic of Sri Lanka for special leave to appeal against the judgment dated 13^th of February 2017 of the Honorable Court of Appeal.

1. L. J. K. Hettiaratchi, No. 28/3, De Fonseka Place, Colombo 05.

2. H. G. Fonseka, No. 28/2, De Fonseka Place, Colombo 05.

S.C. Appeal No. 37/2018 S.C. (Spl) L.A. No. 53/2017 Petitioners C.A. (Writ) Application No. 280/2012 Vs.

1. Pearl Weerasinghe, The Commissioner General of Labour, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

2. Mr. L. T. G. D. Darshana, Assistant Labour Commissioner, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

3. Mr. M. A. Dhanardane, Labour Officer, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

4. Walker Son & Company Limited, No. 18, St. Michael’s Road, Colombo 03. Respondents AND NOW BETWEEN

1. L. J. K. Hettiaratchi, No. 28/3, De Fonseka Place, Colombo 05.

2. H. G. Fonseka, No. 28/2, De Fonseka Place, Colombo 05.

Petitioner – Petitioners Vs.

1. Pearl Weerasinghe, The Commissioner General of Labour, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

1A. Prabath Chandrakeerthi, Attorney – at – Law, The Commissioner General of Labour, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

2. Mr. L. T. G. D. Darshana, Assistant Labour Commissioner, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

2A. Mr. H. K. K. A. Jayasundara, Assistant Labour Commissioner, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

Substituted Respondent – Respondent

3. Mr. M. A. Dhanardane, Labour Officer, Labour Secretariat, Department of Labour, Narahenpita, Colombo 05.

4. Walker Son & Company Limited, No. 18, St. Michael’s Road, Colombo 03.

Respondent – Respondents Before: Hon. Murdu N. B. Fernando, P.C., C.J.

Hon. Yasantha Kodagoda, P.C., J.

Hon. Janak De Silva, J.

Counsel: Anoukshi Vidanagamage with Mohamed Adamaly for the Petitioner –

Petitioners Sureka Ahmed, SC for the 1^st to 3^rd Respondent – Respondents Written Submissions: 15.05.2018 and 22.08.2023 by Petitioner – Petitioners

04.08.2023 by 1^st, 2^nd, 3^rd Respondent – Respondents 10.06.2020 by 1^st and 2^nd Respondent – Respondents

27.01.2020 by 4^th Respondent – Respondent Argued on: 30.05.2023 Decided on: 18.07.2025 Janak De Silva, J.

The Petitioner-Petitioners (Petitioners) complained to the Commissioner General of Labour (CGOL) that their statutory dues have not been paid. An inquiry was conducted by U.P.R. Sirinaga, Assistant Commissioner of Labour. Thereafter by letter dated 24.11.2011 a direction was made on the Secretary of the Walkers Covenanted Staff Benefit Association to pay the private provident fund dues of the Petitioners.

Subsequently the 3^rd Respondent-Respondent (3^rd Respondent) by letter dated 12.07.2012 sent to the 4^th Respondent-Respondent (4^th Respondent), copied to the Petitioners, informed that an inquiry was to be held relating to the complaint of the Petitioners dated 19.03.2010. The Petitioners attended the said inquiry and sought a clarification on the scope and purpose of the inquiry. The 3^rd Respondent intimated that it was been held on the instructions of the 2^nd Respondent-Respondent (2^nd Respondent)

to review his previous decision.

The Petitioners moved the Court of Appeal seeking a writ of Certiorari to quash the decision to review the previous decision. This application was rejected.

The Court of Appeal held that the 2^nd Respondent-Respondent (2^nd Respondent) had decided to continue the inquiry to ascertain the exact position and verify whether the Petitioners have acted as Directors or as employees of the 4^th Respondent and to ascertain the details of their salary during the relevant time. Court further held that the first inquiry centered on Employment Provident Fund (EPF) payments and that the decision on the Gratuity had been made wi