M.A. Lanka (Pte.) Ltd. vs Commissioner General of Labour – CA WRIT APPL. NO.387/2013-2017

In the case between M.A. Lanka (Pte.) Ltd. and the Commissioner General of Labour with P.D. Janaka Samantha, the court addressed the statutory authority competent to determine whether a forfeiture of gratuity, pursuant to Section 13 of the Payment of Gratuity Act, No.12 of 1983, has been correctly executed. It was held that only the Labour Tribunal, not the Department of Labour, has jurisdiction to adjudicate the correctness of a Section 13 forfeiture where allegations of serious misconduct have led to a dismissal. The principle reaffirmed is that Section 31B(1)(c) of the Industrial Disputes Act—as amended—vests exclusive jurisdiction with the Labour Tribunal for disputes involving forfeiture of gratuity on misconduct grounds. The court relied on statutory interpretation and principles of