Sri Lanka Consolidated Acts

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Industrial Disputes Act (No. 27 of 1966) - Sect 44

Application of this Part.[ 7, 4 of 1962.]

31A.
(1) There shall be established for the purposes of this Act such number of labour tribunals as the Minister shall determine. Each labour tribunal shall consist of one person.
(2) Regulations may be made prescribing the manner in which applications under section 31b may be made to a labour tribunal.
Application of this Part.[ยง 7, 4 of 1962.]
31E.
(1) The provisions of this Part shall not apply-
(a) to any employer by whom less than fifteen workmen on an average have been employed for a working day in the month preceding the month in which notice of the intention to effect retrenchment in respect of any workman employed is given by the employer to that workman, or
(b) to any industry which is of a seasonal character or in which work is performed intermittently, or
(c) to the retrenchment of any workman who has been employed in any industry for a period which is less than one year.
(2) Where the Minister is of the opinion that the application of this Part to an industry is likely to affect that industry in such a manner as to cause serious repercussions to that industry, the Minister may by Order published in the Gazette declare that this Part shall not apply, or shall apply subject to such conditions as may be specified in that Order, to that industry. Any Order made by the Minister under this subsection shall be placed as soon as practicable before the House of Representatives for approval. Any Order not so approved shall be deemed to have been of no effect.
(3) In the computation of the number of workmen for the purposes of subsection (1) (a), any workman who has been employed in the industry for a period of less than one year shall also be taken into account.
(4) If any question arises as to whether an industry is of a seasonal character or whether work in that industry is done only intermittently, such question shall be determined by the Commissioner and his decision on that question shall be final and conclusive.


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