31H. Where, before the expiry of two months after the date of the notice referred to in section 31f, any industrial dispute which exists or is apprehended in consequence of the retrenchment intended in that notice is referred-
| (a) by the Commissioner to an authorized officer for settlement by conciliation, or |
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| (b) by the Commissioner to an arbitrator for settlement by arbitration, or |
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| (c) by the Minister to an arbitrator for settlement by arbitration, or ,to an industrial court for settlement, or |
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| (d) by the Minister to a labour tribunal for settlement by adjudication, |
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the employer giving such notice shall not effect the intended retrenchment within a period of two months after the date of reference of such dispute unless such retrenchment is effected in terms of any settlement or award under this Act: Provided, however, that where any such dispute is referred by the Commissioner to an authorized officer for settlement by conciliation and where the authorized officer fails to effect a settlement of such dispute, the employer may effect the intended retrenchment after the expiry of a period of thirty days calculated from the date of the report made under section 12 (4) if such dispute has not within the aforesaid period of thirty days been referred for settlement by arbitration under section 3 (1) (d) or section 4 (1), or to an industrial court for settlement under section 4 (2). |
Sri Lanka Consolidated Acts