Sri Lanka Consolidated Acts

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Industrial Disputes (Hearing And Determination Of Proceedings)(Special Provisions) Act (No. 13 of 2003) - Sect 2

Assistant Secretary to forward copy of application to the employer & c

2.
(1) Upon receipt by a labour tribunal of an application under section 31B of the industrial Disputes Act, it shall be the duty of the Assistant Secretary of such labour tribunal, if such application is in due form, to forthwith and in any event with in three working days of the date of receipt of such application , to forward a copy thereof to the employer in respect of whom such application is made, and shall by written notice require him to transmit within a period of twenty one days of receipt of such notice, a statement in duplicate setting out his answer to the matter to which the application relates. It shall be the duty of the employer to transmit the statement required in duplicate to the Assistant Secretary within the stipulated period.
(2)Within three working days of the date of receipt of the statement referred to in subsection(1),it shall be the duty of the Assistant Secretary to forward a copy of the statement to the applicant an d shall by written notice require the applicant to transmit to him within a period of twentyone days of receipt of such notice, a statement in duplicate setting out the applicant 's reply thereto. It shall be the duty of the applicant to transmit the statement required in duplicate to the Assistant Secretary within the stipulated period.
(3)It shall be the duty of a labour tribunal not to permit any extension of the periods referred to in subsection (1) and(2),except for exceptional reasons to be recovered by the tribunal.
(4) On receipt of the statement transmited by the applicant under subsection(2),it shall be the duty of the labour tribunal to forthwith and in any event not later than three working days after such date or receipt ,to fix the application for hearing by a notice ,inform all parties to the application of such date.
(5) Where the employer or the applicant as the case may be .fails to transmit the statement required under subsection (1)or(2),it shall be the duty of the labour tribunal to forthwith and in any event not later than three working days after the date of such default ,to fix the application for hearing and inform by notice all parties to the application of such date.


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