Termination of Employment of Workmen (Special Provisions) Act (No. 45 of 1971)

Sri Lanka Consolidated Acts

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Termination of Employment of Workmen (Special Provisions) Act (No. 45 of 1971) - Sect 2

Regulation of the termination by employers of the scheduled employments of workmen

(1) No employer shall terminate the scheduled employment of any workman without-

	(a) the prior consent in writing of the workman or

	(b) the prior written approval of the Commissioner

(2) The following provisions shall apply in the case of the exercise of the powers conferred on the Commissioner to grant or refuse his approval to an employer to terminate the scheduled employment of any workman:-

	(a) such approval may be granted or refused on application in that behalf made by such employer;

	(b) the Commissioner may, in his absolute discretion, decide to grant or refuse such approval;

	(c) the Commissioner shall grant or refuse such approval within three months from the date of receipt of an application in that behalf made by such employer;

	(d) the Commissioner shall give notice in writing of his decision on the application to both the employer and the workman;

	(e) the Commissioner may, in his absolute discretion, decide the terms and conditions subject to which his approval should be granted, including any particular terms and conditions relating to the payment by such employer to the workman of a gratuity or compensation for the termination of such employment; and

	(f) any decision made by the Commissioner under the preceding provisions of this sub-section shall be final and conclusive, and shall not be called in question in any court, whether by way of writ or otherwise.

(3) For the purposes of this Act, the scheduled employment of any workman shall be deemed to be terminated by his employer if for any reason whatsoever, otherwise than by reason of a punishment imposed by way of disciplinary action, the services of such workman in such employment are terminated by his employer and such termination shall be deemed to include non-employment of the workman in such employment by his employer, whether temporarily or permanently.

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