E.A.S. Perera v. Commissioner General of Labour, Labour Secretariat, et al – CA WRIT APPL. NO. 509/2010-2017

In E.A.S. Perera v. Commissioner General of Labour and others, the court addressed whether the petitioner, a former member who had withdrawn his dues, was entitled to further payments from the Ceylon Planters’ Provident Society and whether writs of certiorari and mandamus should be issued to recalculate provident fund arrears. The court held that the application was fatally defective due to the failure to join all other members of the fund and the trustee as necessary parties, reaffirming the principle that all persons potentially affected by a writ must be joined. Reliance was placed on established case law and procedural requirements under judicial review, emphasizing that omission of affected or necessary parties is a fundamental bar to the grant of relief.

A.H.M.D. Nawaz J. — The fin