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srilawsby aturio
As enacted
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5. Complaints to the Commissioner-General against premature retirement

Official English translation. The Sinhala text prevails.

(1)

Any worker who has been prematurely retired by the employer other than in the manner specified in subsection (1) of section 3, may within two months from the date of such retirement, complain in writing to the Commissioner-General in respect of such retirement.

(2)

Where any worker has made a complaint to the

Commissioner-General under subsection (1), the

Commissioner-General shall, conduct an inquiry and within two months from the date of receipt of such complaint grant his final determination on the complaint.

(3)

Upon an inquiry under subsection (2), if the

Commissioner-General is satisfied that-

(a)

the complaint made by the worker is not substantiated with supporting evidence, or such premature retirement is in accordance with the provisions of subsection (1) of section 3, the

Commissioner-General shall dismiss such complaint; or

(b)

the worker has been prematurely retired by his employer contrary to the provisions of this Act, the

Commissioner-General shall by notice issued by him to the employer, direct the employer –

(i)

to reinstate such worker from the date of such notice, in the same capacity in which the worker was employed prior to such retirement and to pay him his wages and all other benefits from the date of such retirement; or

(ii)

where the Commissioner-General is of the opinion that reinstatement is impractical due to the closure of the establishment or commencement of liquidation process of the establishment in which such worker was employed, to pay the worker compensation in terms of the formula determined by the

Commissioner-General as specified in section 6D of the Termination of Employment of

Workmen (Special Provisions) Act, No.45 of 1971, based on the last paid wages to such worker up to the date of closure of such establishment or the date of commencement of liquidation of such establishment, as the case may be, in lieu of reinstatement.

(4)

Where any worker has prior to coming into operation of this Act made a complaint in terms of the Industrial

Disputes Act (Chapter 131) or the Termination of

Employment of Workmen (Special Provisions) Act, No.45

of 1971 to the Commissioner-General, a Labour Tribunal, an arbitrator or an Industrial Court against premature retirement and a final determination has not been made on such complaint by the Commissioner-General, Labour

Tribunal, arbitrator or Industrial Court, the Commissioner-General has no power to inquire into a complaint made under this Act:

Provided that, if the worker has made a complaint in terms of the Industrial Disputes Act (Chapter 131) or the

Termination of Employment of Workmen (Special

Provisions) Act, No.45 of 1971 against the premature retirement, such worker shall not be entitled to make a complaint under this Act.

Read on from s 6

Part III

Administration of the Act and Powers of the Commissioner-General

Read on from Part III

Part IV

Offences and Penalties

Read on from Part IV

Schedules