4. Insertion of new sections 10A and 10B in the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

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.

(2)

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.

(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 (2)

has been duly furnished by such employer.

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

Court

(4)

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.

(2)

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–

(a)

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

(b)

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

(3)

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.

(4)

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.

(5)

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.”.

Read on from s 5