10.
| (1) Where the parties to a collective agreement that is in force are one or more trade unions consisting of employers in any industry and one or more trade unions consisting of workmen in such industry then, if the Minister considers that those parties are sufficiently representative-
| | (a) of the employers and the workmen, or | | |
| | (b) of a class of employers and a class of workmen, or | | |
| | (c) of the employers and a class of workmen, or | | |
| | (d) of a class of employers and the workmen, | | |
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| (2) In accordance with the provisions of subsection (1), the Minister may, in respect of any industry to which any such collective agreement as is referred to in subsection (1) relates, make an order that every employer, or every employer of any class, in such industry in any district or in Ceylon, on whom that agreement is not binding as provided in section 8, shall observe either the terms and conditions set out in that agreement (hereinafter referred to as the " recognized terms and conditions ") or terms and conditions which are not less favourable than the recognized terms and conditions. |
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| (3) Every order under subsection (2) shall be published in the Gazette and in one Sinhala newspaper, one Tamil newspaper and one English newspaper, and shall, upon such publication, have the force of law. |
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| (4) Before an order under subsection (2) is made-
| | (a) the Commissioner shall cause a notice of the intention of the Minister to make such order to be published in the Gazette and in one Sinhala newspaper, one Tamil newspaper and one English newspaper, and such notice shall specify a date on or before which objections to the proposed order may be made in writing to the Commissioner, and | | |
| | (b) the objections received by the Commissioner shall be submitted by him with his observations thereon to the Minister for consideration. | | |
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| (5) The Minister shall consider all objections to the proposed order and may either not make the order, or make the order with or without any limitation as to its applicability. |
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| (6) A party to any such collective agreement as is referred to in subsection (1) may make an application in writing to the Commissioner for the making of an order under subsection (2) in respect of that agreement. |
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| (7) An order made under subsection (2) may be rescinded if the Minister considers it necessary. |
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| (8) An order made under subsection (2) shall cease to be in force when the collective agreement to which it relates ceases to be in force as provided in section 7. |
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| (9) If any question arises as to the nature, scope or effect of the recognized terms and conditions in any industry in any district or in Ceylon or as to whether an employer is observing the recognized terms and conditions or is observing terms and conditions which are not less favourable than the recognized terms and conditions, that question shall be decided by the Commissioner, subject to an appeal within the prescribed time and in the prescribed manner to the industrial court, and the decision of that court on that question shall be final. |
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| (10) An extract from the Gazette containing an order made under subsection (2) or a notice of the intention to make an order under that subsection and purporting to have been printed by the Government Printer, or a copy of such order or notice purporting to have been certified to be a true copy by the Commissioner may be produced in any court in proof of such order or notice. |
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Sri Lanka Consolidated Acts