Tylos Tea (Private) Ltd vs The Commissioner General of Labour Department – CA Writ Case No. 616/2011-2012

The case between Tylos Tea (Private) Ltd and the Commissioner General of Labour Department, among other Respondents, concerned the issue of whether the decision (P12) and the final notification (P15) issued by the 3rd Respondent should be quashed by a Writ of Certiorari due to the lack of a fair hearing provided to the Petitioner. It was determined that the impugned order was issued without affording procedural fairness and that the consequential notification was based upon this flawed decision. The principle reaffirmed is that decisions affecting rights must be taken following fair procedures. Reliance was placed upon the undisputed admission of procedural irregularity and the Respondents’ consent to relief, resulting in the issuance of a Writ of Certiorari quashing the impugned orders an