Kaluthara Vithanage Gimhani Udeshika Senarathne vs Commissioner General of Labour and Others – CA WRIT 724/2023-2024

In the case between Kaluthara Vithanage Gimhani Udeshika Senarathne (Petitioner) and B.K. Prabath Chandrakeerthi, Commissioner General of Labour, among other respondents, the court examined the legality of forfeiting gratuity payable to the 3rd respondent, an employee of the petitioner bank, in light of alleged fraud and disciplinary proceedings. The key determinations addressed jurisdictional challenges over the impugned order by the 1st respondent, and the statutory framework governing the payment or forfeiture of gratuity under the Payment of Gratuity Act and related statutes. The court concluded that interim relief was warranted to stay the enforcement of the challenged orders pending a final determination, reaffirming the principle that proper jurisdiction and statutory adherence are