Laksiri International Freight Forwarders Private Ltd vs Assistant Commissioner of Labour (Colombo East) – SC Appeal 20/2024-2025

In the matter of the Assistant Commissioner of Labour (Colombo East) and Laksiri International Freight Forwarders Private Ltd., the court addressed the establishment of an employer-employee relationship to determine entitlement to gratuity payments. The lower courts relied on a document with questionable authenticity and probative value, lacking a seal and being a mere photocopy. It was determined that insufficient evidence was adduced to establish the requisite relationship. Furthermore, a significant violation of natural justice occurred as the Appellant was not afforded the opportunity to review the complainant’s documents. Consequently, the appeal was allowed, and prior decisions and the Commissioner’s certificate were set aside.

S. THURAIRAJA, PC, J. – The core issue revolved around