This order pertains to whether to issue notice to the Respondents and interim reliefs are to be granted.

The Petitioner has invoked the jurisdiction of this Court by the petition dated 17.05.2023 seeking the following reliefs:

a) Issue notice on the Is to 4th Respondents;

b) Direct the 1st Respondent and/or the 2nd Respondent and/or the 3rd Respondent to produce the File no. CC/C/G/7/486/2020 maintained at the Department of Labour;

c) Issue a mandate in the nature of a Writ of Certiorari quashing the determination and/or decision of the 2nd Respondent that there is a surcharge in a sum of Rs. 1,580,250/- on the gratuity to be paid to the 4th Respondent from the Petitioner as contained in the document marked P6 above;

d) Issue a mandate in the nature of a Writ of Certiorari quashing the determination and/or decision of the 2nd Respondent that there is a sum of Rs. 6,847,750/- consisting of a sum of Rs. 5,267,500/- as gratuity and a sum of Rs. 1,580,250/- as the surcharge thereon due to be paid to the 4th Respondent from the Petitioner as contained in the document marked P6 above;

e) Issue a mandate in the nature of a Writ of Certiorari quashing the determination and/or decision of the 2" Respondent directing the Petitioner to deposit a sum of Rs. 6,847,750/- with the Department of Labour for payment to the 4th Respondent as gratuity and surcharge due to the 4th Respondent from the Petitioner as contained in the document marked P6 and P8 above;

f) Issue a mandate in the nature of Writ of Prohibition preventing the 1st Respondent and/or the 2 Respondent and/or any other person acting under the authority and/or direction of the 1 st Respondent from demanding and/or claiming from the Petitioner the payment of the sum of Rs. 6,847,750/- or any part thereof as gratuity and surcharge due to the 4 Respondent from the Petitioner and/or taking or causing to be taken any steps whatsoever to make such demand and/or claim from the Petitioner;

g) Issue a mandate in the nature of a Writ of Mandamus directing the 1st Respondent and/or the 2nd Respondent to release the Petitioner from making any payment of gratuity to the 4th Respondent;

h) i) Issue an Interim Order staying the issuance of a certificate and institution of an action in the Magistrates Court against the Petitioner under and in terms of the provisions Section 8(1) of the Payment of Gratuity Act for the recovery of the gratuity allegedly outstanding to the 4th Respondent from the Petitioner, until the hearing and the final determination of this Application;

Or in the alternative, in the event that the Certificate is issued and action has been instituted in the Magistrates Court –

ii) Issue an Interim Order staying the proceedings in the Magistrates Court instituted based on the Certificate against the Petitioner in terms of the provisions Section 8(1) of the Payment of Gratuity Act for the recovery of the gratuity allegedly outstanding to the 4th Respondent from the Petitioner, until the hearing and the final determination of this Application;

i) Grant costs;

j) Grant such other and further relief as Your Lordships Court may seem meet;

The facts of this case are briefly as follows:

According to the petition, the Petitioner is a company duly incorporated under the Companies Act No. 7 of 2007. The Petitioner states that, on or about 31.07.2020, the 4th Respondent who was a former employee of the Petitioner had made a complaint to the Department of Labour alleging that a sum of Rs. 34,080,000/- was not paid by the Petitioner to the 4th Respondent as gratuity. The Petitioner was notified by letter dated 03.09.2020 of an inquiry to be held by the 3^rd Respondent in respect of the said complaint. In the said inquiry, parties were directed to file their written submissions.

The Petitioner states that the 4th Respondent filing an undated written submission put forward the position that the 4th Respondent having worked for the Petitioner for 16 years was drawing a final salary of Rs. 2,130,000/-. Therefore,