உள்ளடக்கத்திற்குச் செல்லவும்

இந்த இடைமுகம் இயந்திர மொழிபெயர்ப்பு செய்யப்பட்டுள்ளது. சட்டங்களும் நீதிமன்றத் தீர்ப்புகளும் அவற்றின் மூல மொழியிலேயே காட்டப்படுகின்றன.

இயற்றப்பட்டவாறு
உள்ளடக்கம்

5. Insertion of new sections 31ppD, 3ippp and 3ipppp in the princi. pal enact-ment,

கருத்துகள் மற்றும் உதவி

அதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள அல்லது தமிழ் உரையிலிருந்து வேறுபடும் இடங்களில் எந்த உரை மேலோங்கும் என்பதைச் சட்டமே குறிப்பிடுகிறது.

The following new sections are hereby inserted iminediately after section 31p, of the principal enactment and shall have effect as section 31pp, 3lppp and 31pppp of that enactment :—

Applications and appeals to Supreme be disposed

3lpp.

Appeal to Supreme Court from High Court and powers of Supreme Court on appeal

(1)

Any workman, trade union or employer who is aggrieved by any final order of a High Court established under

Article 154p of the Constitution, in the ex-ercise of the appellate jurisdiction vested in it by law or in the exercise of its revisionary jurisdiction vested in it by law, in relation to an order of a labour tribunal, may appeal therefrom to the Supreme Court with the leave of the High Court or the Supreme

Court first had an obtained.

wi

(2)

The Supreme Court shall, have sole and exclusive cognizance by way of appeal from any order made hy such High Court, in the exercise of the jurisdiction vested in such High Court by subsection (3) of section 3lp, and it may affirm, reverse or vary any such order of such High Court and may issue such directions to any labour tribunal or order a new trial nr further hearing in any proceedings as the justice of the case may require and may alsc eall for and admit fresh cr additional evidence if the interests of justice so demands and may in such event, direct that such evidence ke recorded by such High Court or any labour tribunal.

(3)

The. Supreme Court shall hear and finally dispose of an appeal preferred to it under subsection (1), within one year of the date on which such appeal is filed in the

Supreme Court.

3ippp.

(1)

Where an application is made to the Court of Appeal 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 resrect of an order made by such President, the Court of Appeal shall hear and finally dispose of such application within one year of the date on which such application is field in the Court of Appeal.

to Court of Appeal therefrom Court to of within one year.

mn)

;

(2)

Where an appeal is preferred to the

Supreme Court against an.

order of the

Court of Appeal on any such application as is referred to in subsection (1), the Supreme

Court shall hear and finally dispose of such appeal within one year of the date on which such appeal is filed in the Supreme Court.

Payment of 3lpppp. (1) Where a High Court estab-determination lished under Article 154p of the Constitu.

cf appeal or tion, on an appeal preferred to it under application.

:

.

:

:

ws section 31lp or on an application in revision made to it against the order of a labour tribunal—

(9)

affirms the order of the labour tribunal which is the subject of such appeal or application, and no appeal is pre-ferred under section 3lpp to the

Supreme Court, from such order of the High Court, within the lime allowed therefor, the President of such labour tribunal shall cause the security furnished under section 31p (4), together with the accumulated interest thereon, to be paid to the workman

;

(b)

Teverses the order of the labour tribunal which is the subject of such appeal or application, and no appeal is preferred under section 31pp to the Supreme Court, from such order of the High Court within the time allowed therefor, the President of such labour tribunal shall cause the secruity furnished under section 31D(4), together with the accumu-lated interest thereon, to be returned to the employer

;

(c)

varies the order of the labour tribunal which is the subject of such appeal or application and no appeal is pre-ferred under section 31pp to the

Supreme Court, from such order of the High Court, within the time allowed therefor, the President of ay the labour tribunal shall cause the sum required to satisfy the order of the High Court, together with interest on that sum, to be paid to the, workman out of the security furnished under section 31p(4), and shall cause the balance, if any, of such security and interest thereon, to be returned to the employer.

(2)

Where the Court of Appeal, on an application made to it for the grant of an‘

order in the nature of a writ of certiorari, prohibition, procedendo or mandamus, in respect of an order of a labour tribunal—

(a)

refuses the application, and no appeal is preferred to the Supreme Court against such refusal, within the time allowed therefor, the President of the labour tribunal shall cause the security furnished under section 31p(4), together with the accumu-lated interest thereon, to be paid to the workman

;

(b)

quashes the order of the labour tribunal, and no appeal is preferred

’ to the Supreme Court against the order of the Court of Appeal, within the time allowed therefor, the

President of such labour tribunal shall cause the security furnished under section 31p(4), together with the accumulated interest thereon, to be returned to the employer ;

(c} varies the order of the labour tribunal, and no appeal is preferred to the Supreme Court from the order of the Court of ‘Appeal, within the time allowed therefor, the

President of such labour tribunal shall cause the sum required to satisfy the order of the Court of

Appeal, together with interest on that sum, to be paid to the workman out of the security furnished under section 31p(4) and shall cause the balance, if any, of such security and interest thereon, to be returned to the employer.

(3)

Where the Supreme Court in any of the following causes, that is to say, on an appeal preferred to it under section 3ipp appeal preferred to it under section 3ipp under Article 154p of the Constitution, or om én appeal preferred to it against an order of such High Court on an application in revision made to such High Court against an order of a labour tribunal, or on an appeal preferred to it from an order of the

Coust of Appeal allowing or refusing an application for the grant 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, or varying the order of such labour tribunal—

x

(a)

affirms the order of the labour tribunal which is the subject of such appeal, the President of such labour tribunal shall cause the security furnished under section 314 (4), together with the accumulat-ed interest thereon, to be paid to the workman

;

(b)

reverses the order of the labour tribunal which is the subject of such appeal, the President of such labour tribunal shall cause the security furnished under section 31p (4), together with the accumulated interest thereon, to be returned to the employer

;

(c)

varies the order of the labour tribunal -

which is the subject of the appeal, the President of such labour tribunal shall cause the sum required to

Satisfy the order of the Supreme

Court, together with interest on that sum, to be paid to the workman out of the security furnished under section 31p (4)

ard shall cause the balance, if any, of such security and interest thereon, to be return-ed to the employer. ”.

Report