General Words Must Be Read in Light of Specific Terms

The Court of Appeal recently applied the interpretation rule of ejusdem generis and decided that when specific words are followed by general words in a statute, the general words must be interpreted in the context of the specific words that precede them.

The case arose from a petition filed by Professor Emeritus W. M. M. P. Wijeratne, a retired Senior Professor of Agricultural Economics at the University of Ruhuna. The professor sought a Writ of Mandamus directing university authorities and the Commissioner General of Labour to include his academic allowance in the gratuity calculation, citing Sections 6(2)(a) and 20 of the Payment of Gratuity Act.

“Wage or salary” means,
(a) the basic or consolidated wage or salary;
(b) cost of living allowance, special living allowance or other similar allowance; and
(c) piece rates.

The petitioner argued that the “academic allowance” qualifies as a “similar allowance” under subsection (b), thereby warranting its inclusion in gratuity calculations.

However, the Respondents, including the University of Ruhuna and the University Grants Commission, contended that academic allowances are not of the same nature as “living allowances,” and thus not intended to be included under the definition.

The Court, in its judgment delivered by Justice Dhammika Ganepola and concurred by Justice Damith Thotawatta, closely examined the wording of the Act. Applying the ejusdem generis rule, the Court noted that:

“…Cost of living allowance or special living allowance is to be considered as the amount of money that an employee gets in addition to his or her normal pay to cover the additional living costs incurred. Ex facia, an academic allowance is an allowance paid to cover the cost incurred for academic purposes during the occupation of the employee. It is my view that, contrary to the living allowance, an academic allowance paid to university academic staff does not contribute to subsistence or sustenance to their livelihood in any manner. The rule of interpretation, ejusdem generis rule, provides that where specific words are followed by general words, the general words should be interpreted in the context of the specific words that precede them. As such, I hold that an Academic Allowance cannot be construed as a “cost of living allowance, special living allowance or other similar allowance” in calculating the gratuity in terms of the Act and that there is no obligatory requirement in law to count an academic allowance in calculating gratuity in terms of the Act…”- Justice Dammika Ganepola

Case No: C.A Writ/230/2020 [Decided 30.04.2025]

Before: Dhammika Ganepola, J. and Damith Thotawatta, J.