Warnakulasooriya Jagath Herman Paul Fernando vs Kahanawita Liyanage Dona Vineetha Rathnakumari – CA PHC/86/2014-2020

In the case between Kahanawita Liyanage Dona Vineetha Rathnakumari, Assistant Commissioner of Labour, District Labour Office, Chilaw (Plaintiff), and Warnakulasooriya Jagath Herman Paul Fernando, trading as “New Meditech Pharmacy and Laboratory” (Defendant), the court addressed the issue of whether the Commissioner of Labour could recover Employees’ Provident Fund (EPF) dues under Section 38(2) of the Employees’ Provident Fund Act, No. 15 of 1958, without first proceeding under Sections 17 and 38(1). It was held that the statutory scheme does not mandate the exhaustion of procedures under Sections 17 or 38(1) before Section 38(2) may be invoked, provided the Commissioner forms the opinion that such procedures are impracticable or inexpedient. The decision reaffirmed the Commissioner’s disc