Horadugoda Gamage Chandra Kithsiri et al. vs Sri Lanka Transport Board et al. – CA WRIT 513/2011-2013

In the case between Horadugoda Gamage Chandra Kithsiri and others (employees/members of the Sri Lanka Transport Board Approved Provident Fund) and the Sri Lanka Transport Board, Hon. Minister of Transport, and others, the issue concerned the legality of releasing funds from the Provident Fund for the employer’s benefit, including the payment of gratuity and other expenditures. The court held that withdrawals from the Provident Fund could not be challenged based on rules adopted under a repealed statute, as those rules no longer had legal force following the enactment of the Sri Lanka Transport Board Act No.27 of 2005. The Cabinet’s approval was found to be a policy decision, beyond the scope of judicial review through writ jurisdiction. The application was dismissed, reaffirming the princi