THILAKARATNE

Vs.

ASSISTANT COMMISSIONER OF LABOUR, GAMPAHA

COURT OF APPEAL
GOONERATNE, J.
DR. FERNANDO, J.
CA/CPA/39/2019
HC GAMPAHA REV 11/2016
MC ATTANAGALLA 90008/LB
JULY 8, 2020

Revision-Employees' Provident Fund Act, No. 15 of 1958, as amended, sections 17, 38(2), 38(3), 47-Scope of proceedings under section 38(2)-Tests to determine employer-employee relationship-Violation of rules of natural justice

Further to a certificate filed by the respondent in the Magistrate's Court of Attanagalla, the Magistrate, after inquiry, made order directing the recovery of the sum of money stated in the certificate as Employees' Provident Fund (EPF) dues from the petitioner, under section 38(2) of the Employees' Provident Fund Act, No. 15 of 1958, as amended, in respect of several workers. The revision application filed against this order in the High Court was dismissed on failure to establish exceptional circumstances. The petitioner filed a revision application before the Court of Appeal against the judgment of the High Court claiming that he cannot be regarded as the employer of the workmen since they had worked on an estate owned by Kandy Plantations Limite