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4. Insertion of section 33A in the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

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.

(2)

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

Commissioner-General to deposit in an account bearing interests, maintained by the

Commissioner-General, in any approved bank in Sri Lanka.

(3)

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

Magistrate’s Court to the effect that the security as specified in subsection (1) has been duly furnished by such employer.

“Employer to furnish a security in respect of an application to the High Court

Industrial Disputes (Amendment)

(4)

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

High Court established under Article 154p, the

Court of Appeal or the Supreme Court, as the case may be.”.