Act of Parliament · As enacted
Termination of Employment of Workmen (Special Provisions) (Amendment) Act 2022
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Termination of
Employment of Workmen (Special Provisions)
(Amendment) Act, No. 23 of 2022.
s 2Amendment of section 2 of Act, No. 45 of 1971
Section 2 of the Termination of Employment of
Workmen (Special Provisions) Act, No. 45 of 1971
(hereinafter referred to as the “principal enactment”) is hereby amended as follows:—
in subsection (3) thereof, by the substitution for the words “fine not exceeding one thousand rupees” of the words “fine not exceeding twenty thousand rupees”;
by the insertion immediately after subsection (3)
thereof, of the following:–
“(3A) (1) Where an employer is convicted of an offence under subsection (3), such employer shall be liable, if he continuously fails to comply with the decision made by the Commissioner-General under subsection (2), to pay the workman, in addition to any fine imposed under subsection (3), an additional fine of five hundred rupees for each day on which the noncompliance is continued after the conviction.
Where any employer fails to pay any sum payable to a workman under paragraph (e) of subsection (2), such amount may be recovered by an order of a Magistrate’s Court by which the employer was convicted as if it were a fine imposed on him by that court, and the amount recovered shall be paid to the workman.”.
s 3Amendment of section 8 of the principal enactment
Section 8 of the principal enactment is hereby amended in paragraph (a) of subsection (1) thereof, by the substitution for the words “a fine of fifty rupees” of the words
“a fine of five hundred rupees”.
s 4Insertion of new sections 10A and 10B in the principal enactment
The following new sections are hereby inserted immediately after section 10 of the principal enactment and shall have effect as sections 10A and 10B of that enactment:—
10A. (1) Where an employer is dissatisfied with an order of the Magistrate’s Court, such employer may make an application in revision by a written petition, against that order to the
High Court established under Article 154P of the Constitution, to the Province within which such Magistrate’s Court is situated.
Every employer who makes an application under subsection (1) shall furnish to such Magistrate’s Court, a security in cash where the order which is the subject of such application directs the payment of a sum of money to the workman, of an amount equal to such sum.
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 (2)
has been duly furnished by such employer.
“Employer to furnish a security in respect of an application to the High
Court
The Registrar of the Magistrate’s Court shall cause all such sum of money furnished as security under subsection (2), to be sent to the
Commissioner General to deposit in an account bearing interest, maintained by the
Commissioner General, in any approved bank in Sri Lanka.
10B. (1) Where an employer is dissatisfied with an order made by Commissioner-General under section 6 or 6A, such employer may make an application to the Court of Appeal against such order for the issue of an order in the nature of a writ.
Every employer who makes an application under subsection (1) for the issue of an order in the nature of a writ shall furnish to the Court of Appeal, a security in cash, where the order which is the subject of such application directs–
both the payment of a sum of money as compensation and the reinstatment, of an amount of money, as salary or wages which is to be calculated from the date of such order to the date on which such workman shall be reinstated, and an amount of twelve times the monthly salary or wages of such workman for the reinstatement; and
only the payment of a sum of money to the workman as compensation, of an amount equal to such sum.
Employer to furnish a security in respect of an application to the Court of
Appeal
Every application for the issue of an order in the nature of a writ, made under subsection (1) shall be supported by a certificate under the hand of the Commissioner-General to the effect that the security as specified in subsection (2) has been duly furnished by such employer.
The Commissioner-General shall cause to be deposited the sum as specified in subsection (2), in an account bearing interest, maintained by the Commissioner-General, in any approved bank in Sri Lanka.
The Commissioner-General shall refund the sum furnished under subsection (2) together with the interest on such sum to the relevant party in terms of the final determination of the application to the Court of Appeal or the
Superme Court, as the case may be.”.
s 5Amendment of section 14 of the principal enactment
Section 14 of the principal enactment is hereby amended by the substitution for the words “fine not exceeding one thousand rupees” of the words “fine not exceeding twenty thousand rupees”.
s 6Sinhala text to prevail in case of inconsistency
In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.