Sri Lanka Consolidated Acts

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Industrial Disputes (Amendment) Act (No. 32 of 1990) - Sect 4

Replacement of section 31 D of the principal enactment

4. Section 31D of the principal enactment is hereby repealed and the following section substituted therefor :"
31D.
(1) Every order made by a labour tribunal at the conclusion of proceedings on an application made under section 31B, shall be Pronounced forthwith or within a reason- able time at a sitting of the tribunal on, a date which shall be notified in advance to all the parties to such application.
(2) 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.
(3) Where the workman who, or the trade union which, makes an application to a labour tribunal, or the employer to whom that application relates is dissatisfied with the order of the tribunal on that application, such work man, trade union or employer may, by written petition -in which the other party is mentioned as the respondent, appeal 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.
(4) Every employer who"
(a) appeals to a High Court established under Article 154P of the Constitution, against an order of a labour tribunal or makes an application in revision against any such order; or
(b) 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,
(5) The President of every labour tribunal shall cause all moneys furnished as security under subsection (4), to be deposited in an account bearing interest, in any approved bank in Sri Lanka.
(6) Every petition of appeal to a High Court established under Article 154P shall bear uncancelled stamps to the value of five rupees and in every ease 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 appellant 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.
(7) A High Court established under Article 154p of the Constitution shall hear and finally dispose of an appeal preferred to it under subsection (3) from an order of a 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.
(8) Every application referred to in para- graph (b) of subsection (4) shall be accompanied 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 Procedure Act, relating to appeals from Magistrates' Courts to the : Court of Appeals shall, mutatis mutandis, apply in regard to all matters connected with the hearing and disposal of an appeal preferred under this section.
(10) In this section" :


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