Section 2
கருத்துகள் மற்றும் உதவிஅதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள அல்லது தமிழ் உரையிலிருந்து வேறுபடும் இடங்களில் எந்த உரை மேலோங்கும் என்பதைச் சட்டமே குறிப்பிடுகிறது.
Section 21a of the Industrial Disputes Act, (herein-of section 31a of Chapter 131, after referred to as the “principal enactment”) is hereby amended by the substitution for subsection (2) of that section of the following new subsection :—
“ (2) The Minister in charge of the subject of Justice may, withthe concurrence ofthe Minister in charge of the subject of Labour, make regulations, prescribing—
the manner in which applicaticns under section 31B may be made to a labour tribunal ; and
the procedure to be observed by a labour tribunal in any proceedings before that tribunal! under this Part.
3.. Section 3ic of the principal enactment is hereby repealed and the following new section substituted therefor :—
“Duties and
31c.
Replacement of section 31C of the principal enactment, }
Where an application under sec-Tabour. of tion 31p is made to a labour tribunal, it shall tribunals in be:the duty of the tribunal to make all such see ns inquiries into that application and hear under all such evidence as the tribunal may consi-ae.
section 318.
= der necessary and thereafter make, not later than six months from the date of such appli-cation, such order as may appear to the tri-bunal to be just and equitable.
A labour tribunal conducting an inquiry shall observe the procedure prescrib-ed under section 31a, in respect of the conduct of proceedings before the tribunal. ”.
2—D 008767—7,540 (90/04)
Amendment
L-
4.
, » Replacement of section 31p of the
Section 31p of the principal enactment is hereby repealed and the foliuwing section substituted therefor :—
“ Appeal to
High Court on question of law arising out of the order of a labour tribunal.
31p.
: principal enactment
Every order made by a labour tribunal at the conclusion of proccedings on an acplication made under section 318, shall be pronounced forthwith or within a reason-able time at a sitting of the tribunal ona date which shall be notified in advance to all the parties to such application.
Save as provided in subsection (3) an order of a labour tribunal shall be final and shall not be called in question in any court.
Where the workman who, or the trade union which, makes an application to a labour tribunal, or the employer to whom that appli-cation relates is dissatisfied with the order of the tribunal on that application, such work-man, tsede unicn or eraployer may, by written petition in which the other party is mentioned as the respondent, apneal from that order on a question of law,to the High Court establish-ed under Article 154p of the Constitution, for the Province within which such labour tribunal is situated.
Every employer who—
appeals to a High Court established under Article 154p of the-Constitu-
tion, against an order of a labour tribunal or makes an application in revision against any such order; or
makes an application for the issue of an order in the nature of a writ of certiorari, prohibition, procedendo or mandamus against the President of a labour tribunal, in respect of an order made by such President, shall furnish to such labour tribunal, security in cash—
.
in any case where the order which is the subject of such appeal or appli-cation directs only the payment of a sum of money to the workman, of.
an amount equal to such sum;
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in any case where the order which is the subject of such appeal or appli-
’ eation directs only the reinstate-ment of the workman, of an amount equal to twelve times the monthly salary or wages of such workman at the time his services were ter-minated
;
in any case where the order which is the subject of such appeal or app-lication directs both the payment of a sum of money to the workman and his re-instatement, of an amount equal to such.sum and twelve times
. the monthly salary or wages of such workman at the time his services were terminated.
,
Where an employer is required under the preceding paragraphs of this subsection to furnish security of an amount equal to twelve times the monthly salary or wages of a workman, such monthly salary or wages shall, in the case of a daily paid workman, be deemed to be twenty-six times the daily wages of such workman.
The President of every labour tribunal shall cause all moneys furnished as security under subsection (4), to be depostted in an account bearing interest, in any approved bank in Sri Lanka.
Every petition of appealto a High
Court established under Article 154P shall bear uncancelled starnps to the value of five rupees and in every case where the applicant is required to furnish security, be accompanied by a certificate issued under the hand of the President of the labour tribunal to the effect that the aprellant has furnished such security. The petition of appeal shall be filed in the High Court within a period of thirty days (including the day on which the order appealed from was made but excluding
Sundays and Public Holidays) reckoned from the date of the order from which the appeal is preferred.
A High Court established under Arti-cle 154p of the Constitution shail hear and finally dispose of an appeal preferred to it under subsection (3) from an order ofa labour tribunal or an application in revision made against any such order, within six months of the date on which such appeal or application was filed in the High Court.
Every apolication referred to in para-graph (b) of subsection (4) shall be accom-panied by a certificate issued under the hand of the President of the labour tribunal to the effect that the applicant has furnished the security he is required to furnish by that subsection, (9) The provisions of Chapter XXVIII of the Code of Criminal Precedure Act, relating to appeals from Magistrates’ Courts to the
Court of Appeais shall; mutatis mutandis, apply in regard to all matters connected with the hearing and disposal of an appeal preferred under this section.
In this section—
“approved bank” means any bank, which the Minister in charge of the subject of Finance, having regard to the interests of the depositors may appoint from time to time for the purposes of this section, by notifica-tion published in the Gazette; and
“employer” includes a person who has ceased to be an employer and is referred to in subsection (6) of section 31n,”.
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