Nesto Confectionary Lanka (Pvt) Ltd. Vs. Deputy Commissioner of Labour – CA PHC NO.204/16-2022

In the case between Nesto Confectionary Lanka (Pvt) Ltd. (Owner-Petitioner-Appellant) and the Deputy Commissioner of Labour, Department of Labour, Colombo 05 (Complainant/Respondent), the court addressed the issue of whether a Magistrate’s order under Section 8(1) of the Payment of Gratuity Act No.12 of 1983 requires a review of evidence regarding employment status and whether exceptional circumstances existed to justify entertaining a revision application. It was determined that the Magistrate’s function under Section 8(1) is strictly ministerial, limited to summoning defaulters and collecting sums due, without authority to inquire into the employment status of individuals. The court held that the Appellant failed to establish any exceptional circumstances to warrant revision, affirming e