Ceylon Company Group (Pvt) Ltd v. R.P.A. Wimalaweera et al – 155/2019-2022

In the case between Ceylon Company Group (Pvt) Ltd (Petitioner) and, inter alia, R.P.A. Wimalaweera (Commissioner General of Labour) and L.J. Rubera (former employee/complainant), the court addressed the issue of whether the Petitioner was liable under the Payment of Gratuity Act, No.12 of 1983 to pay gratuity to the 4th Respondent, in light of alleged employment numbers and group company structure. The holding established that due to material disputes of fact concerning the number of employees and the company’s structure—specifically, whether it operated independently with fewer than 15 employees or as part of a larger group exceeding the statutory threshold—these matters could not be resolved in writ proceedings based on affidavit evidence alone. It was reaffirmed that legal questions co