12.
| (1) If the Commissioner or an authorized officer succeeds in settling an industrial dispute, a memorandum setting out the terms of settlement shall be drawn up by the Commissioner or the officer and shall be signed by both the parties to the dispute or by the representatives of each party thereto. |
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| (2) Reference shall be made in every memorandum of settlement drawn up under subsection (1) to the parties and trade unions to which, and employers and workmen to whom, such memorandum relates. |
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| (3) Where the dispute has been settled by an authorized officer, he shall transmit forthwith to the Commissioner the memorandum setting out the terms of settlement. |
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| (4) Where the Commissioner or an authorized officer, after endeavouring to effect a settlement of an industrial dispute, fails to effect such a settlement, such Commissioner or such officer shall, at the close of his investigation, prepare a full report regarding the dispute and shall set out in such report the steps taken by him for its investigation and settlement, and his recommendation for the settlement of the dispute. |
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| (5) Where a report has been prepared by an authorized officer under subsection (4), he shall forthwith transmit such report to the Commissioner. |
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| (6) The Commissioner shall forthwith cause to be published in the Gazette every memorandum of settlement relating to an industrial dispute which in his opinion is a major dispute. |
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| (7)
| | (a) Where a report is prepared under subsection (4), then, if in endeavouring to settle the industrial dispute to which that report relates the officer who prepared that report had not submitted his recommendation for the settlement of that dispute to both the parties or to the representatives of both the parties to that dispute for their consideration, the Commissioner shall transmit a copy of that report to such parties or representatives and shall require them to state in writing to him, within fourteen days after such date as he shall specify in that behalf, whether they accept or reject the settlement recommended in that report. If no reply is received from such parties or representatives within the aforesaid fourteen days, such settlement shall be deemed to be accepted by them. | | |
| | (b) Where the recommended settlement referred to in paragraph (a) of this subsection is accepted or is deemed under that paragraph to be accepted by both the parties to the industrial dispute to which that settlement relates or by their representatives-
| | | (i) the Commissioner shall cause to be published in the Gazette the report in which that settlement is set out and the statement of acceptance made by such parties or representatives or, if the acceptance is deemed under the aforesaid paragraph (a), a statement by the Commissioner that the acceptance is so deemed, and |
| (ii) that settlement shall have effect as though it were a settlement signed by both the parties to the industrial dispute to which that settlement relates or by their representatives, and accordingly section 13 shall apply to the report in which that settlement is set out as though that report were a memorandum of settlement, and section 14 shall apply to that settlement as though the reference in that section to section 12 (2) were a reference to section 12 (4). |
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| | (c) Where the recommended settlement referred to in paragraph (a) of this subsection is neither accepted nor deemed under that paragraph to be accepted by both the parties to the industrial dispute to which such settlement relates or by their representatives, then, if the Commissioner is of the opinion that such report should be published, the Commissioner shall cause such report to be published in the Gazette together with a statement that the settlement recommended in such report has neither been accepted nor deemed under paragraph (a) of this subsection to be accepted by such parties or representatives. | | |
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Sri Lanka Consolidated Acts