27.
| (1) Where an employer is charged with employing any person in contravention of any provisions of this Act, he shall, upon complaint made by him in accordance with the provisions of section 148 of the Criminal Procedure Code and on his giving to the prosecution not less than three days' notice of his intention to proceed under this section, be entitled, subject to the provisions of Chapter XV of that Code, to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and such other person may be convicted of the offence if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of such other person; and if the employer further proves to the satisfaction of the court that he has used due diligence to secure that the aforesaid provisions should be complied with, he shall be acquitted of the offence. The prosecution against such other person shall be conducted by or on behalf of the employer. |
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| (2) Where such employer as is referred to in subsection (1) of this section avails himself of the provisions of that subsection-
| | (a) the prosecutor in the proceedings against him shall have the right to cross-examine him, if he gives evidence in the proceedings against the other person, and any witness called by him in support of his charge against the other person and to call rebutting evidence, and | | |
| | (b) the court may make such order as it thinks fit for the payment of costs not exceeding twenty-five rupees by any party to the proceedings to any other party thereto, and any sum so ordered to be paid shall be recoverable in the same manner as a fine imposed by the court. | | |
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Sri Lanka Consolidated Acts