Wages Boards (Amendment) Act 2019 · As enacted
12. Insertion of sections 59B, 59C, and 59D in the principal enactment
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
The following new sections are hereby inserted immediately after section 59A of the principal enactment and shall have effect as sections 59B, 59C, and 59D of that enactment:—
59B. (1) There shall be established a Special
Employment Relations Tribunal (hereinafter referred to as the “Tribunal”) for the determination of appeals made to the Tribunal by any aggrieved person in terms of subsection (3) of section 59A.
The Tribunal shall consist of three members to be appointed by the Minister. The three members shall be persons who have a wide knowledge and experience in the field of labour laws and one of whom shall be a retired
Judge of the Supreme Court or Court of Appeal of Sri Lanka who shall be the Chairman of the
Tribunal.
“Establishment of a Special
Employment
Relations
Tribunal.
A member of the Tribunal shall hold office for a period of three years and shall be eligible for reappointment.
Any member may at any time resign his office by a letter to that effect addressed to the
Minister and such resignation shall take effect upon it being accepted by the Minister.
Where any member vacates office by resignation, removal, death or of his inability to hold office on account of ill health or absence from Sri Lanka or any other cause, the Minister may appoint another person in his place in terms of subsection (2) and the person so appointed may hold office for the unexpired period of term of office of the member whom he succeeds.
The Minister may remove any member of the Tribunal for reasons assigned.
There shall be a Secretary to the Tribunal appointed by the Commissioner who shall maintain records of the Tribunal and attend to any such other work assigned to him by the
Tribunal and the Commissioner relating to functions of the Tribunal.
The Commissioner may appoint such officers and servants as are necessary to facilitate the functions of the Tribunal.
The members of the Tribunal may be paid such remuneration as the Minister may determine in consultation with the Minister in charge of the subject of Finance.
Power and functions of the Tribunal.
59C. (1) The Tribunal shall hear and determine the appeals made to it under subsection (3) of section 59A in accordance with the principles of natural justice. On making a decision, the Chairman shall fourthwith inform the Commissioner and the parties of the decision.
The Commissioner shall upon receipt of the decision of the Tribunal, cause the same to be published in the Gazette.
The decision shall be effective as between the parties with effect from the date of publication in the Gazette or from such date as may be specified therein.
59D. Any person who fails to comply with any directive of the Commissioner under section 59A, or does any act in violation of the decision of the Tribunal under section 59C shall be guilty of an offence and the Commissioner or any person duly authorized by him in writing may institute action in the appropriate
Magistrate’s Court against such person.”.