Original Apparel (Private) Limited vs. Commissioner General of Labour & Others – CA WRIT 158/22-2023

In the case between Original Apparel (Private) Limited and the respondents, including the Commissioner General of Labour and Kodithuwakku Arachchige Asoka, the court addressed the liability for payment of gratuity under the Payment of Gratuity Act. The central legal issue involved determining the proper party responsible for gratuity payments to the 3rd Respondent, the implications of fixed-term contracts and continuity of service, and whether contractual arrangements could override statutory entitlements. The holding affirmed that statutory obligations for gratuity cannot be contracted out of through private agreements or brief lapses in employment, relying on Sections 5(1) and 14 of the Payment of Gratuity Act. It was emphasized that administrative determinations regarding gratuity liabi