Commissioner of Labour vs. Fergasam Garment Industries (Pvt) Limited – REV/27/2011-2011

In the case between M.E.P. Samaraweera, Assistant Commissioner of Labour, District Labour Office, Gampaha (Complainant/Respondent), and Fergasam Garment Industries (Pvt) Limited (Respondent/Petitioner), the court addressed whether the enforcement of an order for payment of unpaid Employees’ Provident Fund (EPF) contributions should be stayed pending the final determination of a revision application in the High Court. It was held that execution of the Magistrate’s order for recovery of the specified sum as a fine should be stayed until the High Court revised the decision, reaffirming the principle that interim relief may be granted to avoid irreparable harm when there is no objection by the adverse party and the petitioner limits the relief sought. This decision was grounded in statutory au