31B.
| (1) A workman or a trade union on behalf of a workman who is a member of that union, may make an application in writing to a labour tribunal for relief or redress in respect of any of the following matters : -
| | (a) the termination of his services by his employer ; | | |
| | (b) the question whether any gratuity or other benefits are due to him from his employer on termination of his services and the amount of such gratuity and the nature and extent of any such benefits ; | | |
| | (c) such other matters relating to the terms of employment, or the conditions of labour, of a workman as may be prescribed. | | |
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| (2) A labour tribunal shall-
| | (a) where it is satisfied after such inquiries as it may deem necessary that the matter to which an application under subsection (1) of this section relates is under discussion with the employer of the workman to whom that application relates by a trade union of which that workman is a member, make order suspending its proceedings upon that application until the conclusion of that discussion, and upon such conclusion shall resume the proceedings upon that application, and, if a settlement is reached in the course of that discussion, shall make order according to the terms of such settlement, and | | |
| | (b) where it is so satisfied that such matter constitutes, or forms part of, an industrial dispute referred by the Minister under section 4 for settlement by arbitration to an arbitrator, or for settlement to an industrial court, make order dismissing the application without prejudice to the rights of the parties in the industrial dispute. | | |
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| (3) Where an application under subsection (1) relates-
| | (a) to any matter which, in the opinion of the tribunal, is similar to or identical with a matter constituting or included in an industrial dispute to which the employer to whom that application relates is a party and into which an inquiry under this Act is held, or | | |
| | (b) to any matter the facts affecting which are, in the opinion of the tribunal, facts affecting any proceedings under any other law, | | |
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| (4) Any relief or redress may be granted by a labour tribunal to a workman upon an application made under subsection (1) notwithstanding anything to the contrary in any contract of service between him and his employer. |
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| (5) Where an application under subsection (1) is entertained by a labour tribunal and proceedings thereon are taken and concluded, the workman to whom the application relates shall not be entitled to any other legal remedy in respect of the matter to which that application relates, and where he has first resorted to any other legal remedy, he shall not thereafter be entitled to the remedy under subsection (1). |
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| (6) Notwithstanding that any person has ceased to be an employer,-
| | (a) an application claiming relief or redress from such person may be made under subsection (1) in respect of any period during which the workman to whom the application relates was employed by such person, and proceedings thereon may be taken by a labour tribunal, | | |
| | (b) if any such application was made while such person was such employer, proceedings thereon may be commenced or continued and concluded by a labour tribunal, and | | |
| | (c) a labour tribunal may on any such application order such person to pay to that workman any sum as wages in respect of any period during which that workman was employed by such person, or as compensation as an alternative to the reinstatement of that workman or as any gratuity payable to that workman by such person, and such order may be enforced against such person in like manner as if he were such employer. | | |
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Sri Lanka Consolidated Acts