Sri Lanka Consolidated Acts

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Workmen's Compensation (Amendment) Act (No. 15 of 1990) - Sect 17

Insertion of new sections 58A and 53B

17. The following new sections are hereby inserted immediately after section 53, and the same shall have effect as Section 53A and 53B of the principal enactment:
53A.
(1) Any workman, or employer who is aggrieved by any final order, of a High Court established under Article 154P of the Constitution, in the exercise of the appellate jurisdiction vested in it by subsection (1) of section 48, may appeal therefrom to the Supreme Court with the leave of that Court first had and obtained.
(2) The Supreme Court shall have sole and exclusive cognizance by way of appeal from any order made by such High Court, in the exercise of the jurisdiction vested in such High Court by subsection (1) of section 48 and it may affirm, reverse or vary any such order of such High Court and may issue such directions to the Commissioner or order a new trial or further hearing in any proceedings as the justice of the case may require and may also call for and admit fresh or additional evidence If the interest of justice so demands and may in such event, direct that such evidence for recorded by such High Court or the Commissioner.
53B. Where a High Court established by Article 154P of the Constitution, on an appeal preferred to it under section 48 or the Supreme Court on an appeal made to it from an order or such High Court:
(a) affirms the order of the Commissioner from which the appeal is preferred, the Commissioner shall cause the amount deposited under section 48 (4) together with the accumulated interest thereon less the sum distributed under the proviso to section 53 to be paid to the workman;
(b) reverse the order of the Commissioner from which the appeal is preferred, the Commissioner shall cause the amount deposited under section 48 (4) together with the accumulated interest thereon, to be returned to the appellant;
(c) varies the order of the Commissioner from which the appeal is preferred, the Commissioner shall cause the sum required to satisfy the order of the High Court or the Supreme Court, as the case may be together with interest on that sum less the sum distributed under the proviso to section 53 to be paid to the workman out of the amount deposited under section 48 (4), and shall cause the balance, if any, of such amount and interest thereon, to be returned to the appellant.".


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