HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2019 Responding to a series of complaints, the HRCSL found a violation of article 12(1) of the Constitution in the non-payment of EPF, ETF, and gratuity benefits to retired plantation workers by state owned plantation companies since the year 2000. It transpired that the deductions from the employees’ salaries as contributions to these schemes have not been credited to the Central Bank for years in contravention of the Employees’ Provident Fund Act No. 15 of 1958, Employees Trust Fund Act No. 46 of 1980, and the Gratuity Act No. 12 of 1983. While the respondents have admitted to not having paid the benefits, the reasons cited for such lapse is that the companies have been operating at a loss due mostly to mismanagement. Not even periodic disbursements by the Treasury for purposes of paying benefits have been sufficient. In such instances, the Commissioner of Labour is empowered to take steps to initiate proceedings against the relevant institutions. The proceedings that have been filed have been subjected to the vagaries of litigation as the respondents have not come before court in a timely fashion and they have pleaded a lack of profit. Recognizing the significant contribution plantation workers make to the national economy which is in stark contrast to their living conditions, the Commission raised serious concerns regarding the treatment of such workers by the state plantation companies. Consequent to the inquiry, the Commission recommended a payment scheme according to which all arrears of benefits to workers will be paid in three stages. It also directed the companies to pay these benefits to current employees without any delays in the future, the compliance of which is to be supervised by the Commissioner of Labour. Thirdly, the Commission recommends the adoption of procedure for the annual and bi-annual EPF and ETF statements to be issued to employers and employees directly by the Department of Labour and the Central Bank without relying on the employers to furnish copies to the employees. ▪ Admission to Grade 1 of a public school (Complaint No: HRC/K/695/17) Responding to a complaint that the petitioner’s child has been unfairly deprived of admission to a leading public school in Kandy, the 58