Sussex Educational Services Limited Vs. Commissioner of Labour and others – NO. 279/2015-2017

In the case between Sussex Educational Services Limited and the Commissioner of Labour (with K.M. Jayawardene as a principal respondent), the core legal issue concerned whether an employee appointed after reaching 55 years of age is entitled to Employees’ Provident Fund (EPF) and Employees’ Trust Fund (ETF) contributions under the Employees’ Provident Fund Act of Sri Lanka, and if the employer’s statutory obligation extends to such employees. It was held that no maximum age limit exists for EPF/ETF membership under the Act, and contributions are mandatory for all employees engaged in covered employment, unless specifically exempted. The court reaffirmed that legislative interpretation must support the purpose and avoid injustice, referencing the relevant statutory provisions to determine t