Newtex (Pvt) Ltd vs. M D C Amaratunga, Commissioner General of Labour and others – C A WRIT APPLICATION NO. 462/2015-2017

In the case between Newtex (Pvt) Ltd (Petitioner) and M D C Amaratunga, Commissioner General of Labour, along with related Labour Department officials and certain former employees (Respondents), the court addressed whether there was a breach of natural justice owing to the alleged lack of notice and opportunity to be heard before an ex parte inquiry concerning employees’ gratuity payments. The main issues further involved whether the Labour Department’s order was ultra vires or void for improper notice/service, and which statutory regime governed such notice. It was held that sufficient evidence existed to establish that notices had been properly addressed and responded to by the Petitioner, undermining claims of lack of opportunity. The court reaffirmed the principle that an applicant for