Employees Trust Fund Board v. Subasinghe – sllr 2007 volume 1 page 313

In the case between Employees Trust Fund Board and Subasinghe, the court addressed whether proceedings initiated under Section 28(3) of the Employees Trust Fund Act to recover dues from employers required written sanction from the Employees Trust Fund Board. It was held that such recovery proceedings are distinct from prosecutions under Section 39, which do require sanction due to their penal nature. The decision reaffirmed that Section 28(3) proceedings are civil in nature, intended solely for the recovery of dues, and, therefore, written sanction is not a prerequisite. Reliance was placed on the statutory language of the Employees Trust Fund Act, clarifying the legislative intent and procedural safeguards applicable to distinct types of proceedings. The impact of the ruling is to streaml