Lanka Milk Foods (C.W.E) PLC vs. B.A. Mahinda et al. – 0392/2019-2022

In the case between Lanka Milk Foods (C.W.E) PLC and B.A. Mahinda (Assistant Commissioner of Labour, Ja-Ela) alongside Y.M. Thushari, R.P.A. Wimalaweera, and C.H. Patrick Rienzie Wickramasinghe, the court addressed the issue of whether the Deputy Commissioner of Labour possessed jurisdiction to issue a certificate for recovery of gratuity on behalf of a former employee and whether procedural requirements, including fair hearing and statutory compliance, were satisfied in the forfeiture and recovery process. It was held that forfeiture of gratuity was not permissible under Section 13 of the Payment of Gratuity Act in circumstances where the employee resigned voluntarily and no concurrent legal or disciplinary procedure had been undertaken. The claims of procedural unfairness were rejected o