Industrial Disputes (Amendment) Act 2022

This Act may be cited as the Industrial Disputes

(Amendment) Act, No. 22 of 2022.

Section 31DD of the Industrial Disputes Act

(Chapter 131) (hereinafter referred to as the “principal enactment”) is hereby amended by the insertion immediately after subsection (1) of that section of the following new subsections:–

“(1A) Where an employer who is dissatisfied with a final order of a High Court established under Article 154P of the Constitution which is in favour of a workman on an apeal made by such workman against any order of a tribunal, appeals to the Supreme Court against such order, he shall furnish to the President of such tribunal, a security in cash, where the order which is the subject of such appeal directs–

only the payment of a sum of money to the workman of an amount equal to such sum;

both the payment of a sum of money to the workman and re-instatement of such worker, of an amount equal to such sum and twelve times the monthly salary or wages of such workman at the time his services were terminated.

Every appeal preferred under subsection (1A), shall be supported by a certificate under the hand of the

The President of every Tribunal shall cause all moneys furnished as security under subsection (1A)

The following new section is hereby inserted immediately after section 31DDDD of the principal enactment and shall have effect as section 31DDDDD of that enactment:–

31DDDDD. (1) Where an application is preferred by an employer to the Court of

Appeal, for the issue of an order in the nature of a writ, against an award made by an arbitrator under section 17(1) or by an industrial court under section 24, the Court of Appeal shall entertain such application upon furnishing a securtiy by such employer, in cash to the

Commissioner-General, where such award which is subject to such application directs the payment of a sum of money to the worker, of an amount equal to such sum.

The Commissioner-General shall cause to be deposited the sum as specified in subsection (1) in an account bearing interests, maintained by the Commissioner-General, in any approved bank in Sri Lanka.

Every application preferred under this subsection, shall be supported by a certificate under the hand of the Commissioner-General to the effect that the security as specifed in subsection (1) has been duly furnished by such employer.”.

The following new section is hereby inserted immediately after section 33 of the principal enactment and shall have effect as section 33A of that enactment:–

33A. (1) Where an employer who is dissatisfied with an order of a Magistrate’s

Court on any written complaint made by the

Commissioner-General under section 136B of the Code of Criminal Procedure Act, No. 15 of 1979 against such employer, due to any failure to comply with an order of a tribunal, an award of an industrial court or an arbitrator which has been made in favor of a workman, makes an application to invoke the revisionary jurisdiction of the High Court establisded under

Article 154P of the Constitution, in respect of such order, shall at the time of such application furnish to the relevant Magistrate’s Court, a security of an amount equal to such sum in cash, where the order which is the subject of such application directs the payment of a sum of money to the worker.

The Registrar of the Magistrate’s Court shall cause all moneys furnished as security under subsection (1), to be sent to the

Every application made under subsection (1) shall be supported by a certificate under the hand of the Registrar of the relevant

The Commissioner-General shall refund the sum furnished under subsection (1) together with the interest on that sum to the relevant party in accordance with the final order of the

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Industrial Disputes (Amendment)