Singer Sri Lanka PLC vs The Commissioner General of Labour and others – CA WRT- 0201/21-2024

In Singer Sri Lanka PLC v. Commissioner General of Labour & Others, the court addressed the lawfulness of recovering a loan advanced by Singer Sri Lanka PLC to its branch manager (the 3rd Respondent) by debiting from the Employees’ Provident Fund under Rule 43 of the Mercantile Services Provident Society Fund. The central issue concerned the validity of the loan agreement (P8-(6)) and whether the petitioner company’s actions aligned with statutory and evidentiary requirements. Following review of the Evidence Ordinance, Employees’ Provident Fund Act, and relevant fund rules, it was determined that the loan was genuine and recoverable from the MSPS Fund. The impugned orders (P-21 and P-23) requiring the petitioner to issue a cheque to the respondents were quashed, thus affirming the company