TRUSTEES OF THE CEYLON SCHOOL FOR THE DEAF AND BLIND VS. COMMISSIONER OF LABOUR AND OTHERS

TRUSTEES OF THE CEYLON SCHOOL FOR THE DEAF AND
BLIND VS. COMMISSIONER OF LABOUR AND OTHERS

COURT OF APPEAL
SRISKANDARAJAH, J.
CA 971/2007
FEBRUARY 18,2009
MARCH 20,2009
APRIL 29, 2009
MAY 15, 2009

Writ of Certiorari - Payment of Gratuity Act 12 of 1983 - Section 6 (2), Section 7 - Retirement - Pensionable service? Entitlement to gratuity payments - salary paid by State - Changes made to the salary after service period of employee - liability to pay arrears? Trust Ordinance - Section 114.

The petitioner an approved charity employed the 4th respondent - a government teacher in January 1969 as a teacher - after 33 years the 4th respondent retired in April 2002. The respondent received a pension from the State. The respondent was promoted in April 1997 and his salary revised with arrears to be paid with effect from September 1999. This was communicated in December 2005. The Commissioner of Labour informed the petitioner to pay gratuity and the arrears of the salary. The petitioner contended that, they are not entitled in law to make any payment for gratuity to a teacher whose

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