Sri Lanka Consolidated Acts

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Employees' Provident Fund Act (No. 15 of 1958) - Sect 29

Appeals

29.
(1) Any person aggrieved by any determination made under section 28 may appeal from such determination to a Tribunal of Appeal (hereafter in this Act referred to as the Tribunal) constituted in the prescribed manner, and the decision of the Tribunal on such appeal shall, subject to any Order which the Supreme Court may make on appeal made from such decision in accordance with the provisions of subsection (2) of this section, be final.
(2) Where the Commissioner or any party to an appeal made to the Tribunal is dissatisfied with the decision of the Tribunal on such appeal, the Commissioner or that party may, by written petition in which every other party to the appeal is mentioned as a respondent, appeal to the Supreme Court from that decision on a question of law. The petition of appeal shall state the question of law to be argued, shall bear a certificate by an advocate or a proctor that such question is fit for adjudication by the Supreme Court, shall be presented to the Tribunal by the appellant within twenty-one days after the date of the Tribunal's decision from which the appeal is preferred, and shall be accompanied by a sufficient number of copies for service on each of the persons mentioned as respondents. Every such petition of appeal shall be accompanied by the prescribed fee.
(3) Where a petition of appeal is presented to the Tribunal in the manner and within the time specified in subsection (2) of this section, it shall be the duty of the Tribunal-
(a) to cause the petition to be transmitted to the Supreme Court together with the record of the proceedings in which the decision of the Tribunal against which the petition is preferred was made, and
(b) to cause notice of the appeal and a copy of the petition of appeal to be served on each of the respondents named in the petition of appeal.
(4) Every appeal to the Supreme Court under this section may be heard and determined by any Judge of that Court.
(5) Upon a decision being given by the Supreme Court in any appeal under this section, the Registrar of that Court shall remit the case to the Tribunal together with the decision of that Court, and it shall be the duty of the Tribunal, if the decision of that Court so requires, to rescind or vary, in such manner as is required by the decision of that Court, the decision of the Tribunal from which the appeal was preferred and, where necessary for the purpose of giving effect to the decision of that Court, to make a fresh decision.
(6) In any appeal made to the Supreme Court under this section that Court may make such order in regard to costs as to that Court may seem fit.
(7) Any costs ordered by the Supreme Court under subsection (6) of this section to be paid by any person may, notwithstanding anything contained in any other written law, be recovered, on application made in that behalf to the Magistrate's Court having jurisdiction in the place where that person is resident, in like manner as a fine imposed by that Magistrate's Court, notwithstanding that such costs may exceed the amount of the maximum fine which that Magistrate's Court may in the exercise of its ordinary jurisdiction impose.
(8) Subject to any regulations made under this Act, the Tribunal may regulate its own procedure.


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