SHIHAR AND OTHERS

VS.

COMMISSIONER GENERAL OF LABOUR AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
OBEYESEKERE, J.
CA/WRIT/152/2018
AUGUST 28, 2020

Writs of certiorari and mandamus-Industrial Disputes Act, No. 43 of 1950, sections 48, 48A-Finality of the order of the Assistant Commissioner of Labour-Functus officio and exceptions

The 1st and 2nd petitioners had been employees of the 5th respondent company and the 3rd petitioner had been an employee of the 4th respondent company. Each of them had been paid a sum of money on account of gratuity and were laid off. They filed applications in the Labour Tribunal alleging unfair termination. After inquiry, the Labour Tribunal found that the petitioners had been unjustly terminated, and awarded them compensation. The Labour Tribunal treated the sums already paid to the petitioners as compensation and not gratuity, and directed that the said sums be deducted from the total compensation awarded. The 4th and 5th respondents' appeals to the High Court against these orders were dismissed. The judgments of the High Court made no reference to the payment of gratuity. The 4th and 5th respondents did not appeal