KOLUUNDZIJA

VS.

COMMISSIONER GENERAL OF LABOUR AND OTHERS

COURT OF APPEAL
DE SILVA, J.
KARUNARATHNA, J.
CA/WRIT/339/2014
AUGUST 16, 19, 2019

Writ of certiorari-Employees' Provident Fund Act-EPF payment- Employee or independent contractor-Applicable tests

The 5th respondent complained to the Commissioner General of Labour against the petitioner employer for non-payment of Employees Provident Fund (EPF) dues for the period from 01.11.2005 to 30.06.2011. The petitioner does not dispute that the 5th respondent was an employee under the petitioner within the meaning of the EPF Act for the period 01.08.2011 to 30.06.2012 in terms of a written contract of employment. The petitioner states that during the disputed period the 5th respondent had been working in terms of several consultancy agreements marked P3 to P9.

After inquiry, the Commissioner General of Labour directed the petitioner to pay the arrears of EPF for the disputed period on the basis that the 5th respondent was an employee and not an independent contractor during that period as well. The petitioner filed this application before the Court of Appeal seeking to quash the said decision by a writ