Percy Denipitiya vs Commissioner Labour Department – CA PHC 105/2012-2013

In the case between Percy Denipitiya, City Undermakers, Kurunegala (Appellant) and the Commissioner, Labour Department, Kurunegala (Respondent), the court addressed the question of whether an appeal is maintainable against a Magistrate’s order directing the enforcement of a certificate for gratuity recovery under Act No. 12 of 1993. It was held that no appeal is permitted against such an order in accordance with prevailing authority, reaffirming the legal principle that the Act excludes the right of appeal from an enforcement order by the Magistrate. Reliance was placed on prior case law, specifically CA(PHC)APN 299/03, and relevant legislative provisions, with emphasis that the statutory framework precludes appellate intervention in this context.

A.W.A. Salam J. — The findings establish