Distilleries Company of Sri Lanka PLC v. K.L.K. Perera et al – CA WRIT APPLICATION NO.356/2018-2022

In the case between Distilleries Company of Sri Lanka PLC and K.L.K. Perera, Commissioner of Labour, among others, the court addressed whether statutory obligations to make Employees’ Provident Fund (EPF) and Employees’ Trust Fund (ETF) contributions could be avoided by a private agreement, and whether procedural irregularities or delay justified judicial intervention. It was held that such statutory obligations cannot be contracted out of by private agreement and that the absence of an appeal tribunal did not create such prejudice as to warrant intervention by way of prerogative writs. The delay in filing the application was found to bar relief. The decision reaffirmed that mandatory statutory contributions under the Employees’ Provident Fund Act No. 15 of 1958 (as amended) cannot be waiv