Sri Lanka Insurance Corporation Limited v. Commissioner of Labour – SC APPEAL 27A/2009-2009

Brief
In the case between Sri Lanka Insurance Corporation Limited (Party A) and Commissioner of Labour, S.K.S. Rathnayake (Assistant Commissioner of Labour), and C.H. Senevirathne (alleged former Motor Claims Assessor) (Party B), the court addressed the issue of whether the contractual relationship was that of a “contract of service” (employment) or a “contract for services” (independent contracting). It was held that the relationship constituted a “contract of service,” making the work performed by the 3rd Respondent “covered employment” under the Employees Provident Fund Act, thereby imposing liability on the Petitioner for contributions. The court reaffirmed the principle that the character of employment is determined by the level of control and integration within the organization, rath