Deputy Commissioner of Labour v. Lanka Milk Food (CWE) Limited – CA PHC APN:299/2003-2011

In the case between the Deputy Commissioner of Labour and Lanka Milk Food (CWE) Limited, the court addressed the issue of whether a statutory right of appeal exists against an order made by a Magistrate under Section 8(1) of the Payment of Gratuity Act, No. 12 of 1983, as amended. It was held that no such right of appeal is provided by the statute, and therefore the High Court lacked jurisdiction to entertain an appeal against the Magistrate’s order. The principles reaffirmed include the strict interpretation of statutory appeal rights and the recognition that revision cannot be refused solely due to procedural delay when the impugned order is a nullity. The decision was grounded in the Payment of Gratuity Act and relevant precedent, underscoring that orders made without jurisdiction are v

REF: CA PHC APN:299/2003-2011 Category: Tag:
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