Assistant Labour Commissioner vs W.G.N.S. Ranaweera – 92/2011-2016

In the case between the Assistant Labour Commissioner, District Labour Office, Haputale and W.G.N.S. Ranaweera, The Universal Works (Textiles) Project, Thanamalvila, the court addressed the issue of whether, under Section 38(2) of the Employees Provident Fund Act (as amended), the Commissioner could directly file a certificate in the Magistrate’s Court for recovery of unpaid provident fund contributions without first proceeding in the District Court or exhausting other remedies. The findings established that the Commissioner is not required in all circumstances to exhaust remedies under Sections 17 or 38(1) of the Act before resorting to the procedure under Section 38(2). Precedents and statutory interpretation emphasized that where the Commissioner determines it impracticable or inexpedie