X (Employer) v. Deputy Commissioner of Labour and Others – sllr 1991 volume 1 page 222

The case between X (Employer) and the Deputy Commissioner of Labour and Others addressed the interpretation of section 8 of the Payment of Gratuity Act No. 12 of 1983, specifically concerning whether the Commissioner’s certificate, as prima facie evidence, could be rebutted by the alleged defaulter. The decision established that such certificates are not conclusive and that the petitioner is permitted to adduce evidence to challenge the sums mentioned as either not due or incorrectly calculated. Reliance was placed on relevant statutory interpretation, distinguishing this provision from those under other statutes which render certificates conclusive. This decision reinforces the principle that prima facie evidence allows for rebuttal, ensuring procedural fairness in proceedings initiated u

REF: sllr 1991 volume 1 page 222 Category: Tag:
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