National Savings Bank v A. Wimalaweera & others – CA/WRIT 0353/19-2021

In the case between National Savings Bank and A. Wimalaweera (Commissioner of Labour, Department of Labour) and others, the issue addressed was whether the Commissioner of Labour has authority or a legal duty to withhold payment of Employee Provident Fund (EPF) to K.P.S. Chandrasiri at the request of National Savings Bank, pending determination of a related District Court action. It was held that such withholding is not permitted under the Employees’ Provident Fund Act and related regulations once payment is determined as due, and that no industrial dispute existed warranting reference to arbitration. The principle reaffirmed is that terminal benefits like EPF cannot be withheld or forfeited except under specific statutory provision not applicable in this case. The decision was grounded on