33.
| (1) Without prejudice to the generality of the matters that may be specified in any award under this Act or in any order of a labour tribunal, such award or such order may contain decisions-
| | (a) as to wages and all other conditions of service, including decisions that any such wages and conditions shall be payable or applicable with effect from any specified date, which may, where necessary, be a date prior to the date of such award or such order, and decisions that wages shall be payable in respect of any period of absence by reason of any strike or lock-out; | | |
| | (b) as to the reinstatement in service, or the discontinuance from service, of any workman whose dismissal or continuance in employment is a matter in dispute, or who was dismissed or ceased to be in service at the commencement or in the course of any strike or lock-out arising out of the industrial dispute ; | | |
| | (c) as to the extent to which the period of absence from duty of any workman, whom the arbitrator, industrial court or labour tribunal has decided should be reinstated, shall be taken into account or disregarded for the purposes of his rights to any pension, gratuity or retiring allowance or to any benefit under any provident scheme ; | | |
| | (d) as to the payment by any employer of compensation to any workman, the amount of such compensation or the method of computing such amount, and the time within which such compensation shall be paid; | | |
| | (e) as to the payment by any employer of a gratuity or pension or bonus to any workman, the amount of such gratuity or pension or bonus and the method of computing such amount, and the time within which such gratuity or pension or bonus shall be paid. | | |
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| (2) Where decisions under subsection (1) as to the payment of money by any employer to any workman, whether as wages in respect of any period prior to the date of the award or order of a labour tribunal or as compensation, gratuity or pension or bonus, are contained in any award, or order of a labour tribunal, the Magistrate's Court having jurisdiction in the area where the workman is or was employed by such employer shall, if satisfied on the written petition of the workman that payment of such money has not been made within the time specified in that behalf in the award or order of a labour tribunal, make order that the amount of such money shall be paid by such employer to such workman and that such amount, if not paid in compliance with the order, be recovered in like manner as a fine imposed by the court; and the amount so recovered shall be paid to such workman. |
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| (3) Where any award or order of a labour tribunal contains a decision under paragraph (b) of subsection (1) as to the reinstatement in service of any workman in any employment, then, if the employment is in the capacity of personal secretary, personal clerk, personal attendant or chauffeur, to the employer, or of domestic servant, or in any other prescribed capacity of a description similar to those hereinbefore mentioned, the award or order of a labour tribunal shall also contain a decision, under paragraph (d) of that subsection, as to the payment of compensation to the workman as an alternative to his reinstatement. |
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| (4) For the purposes of the application of subsection (3) in any case where the employer is a company, the references therein to the employer shall be deemed to be references to the person (however designated) who is responsible for the general management of the business of the company. |
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| (5) Where the arbitrator, industrial court or labour tribunal considers that a decision should be made, under paragraph (b) of subsection (1), for the reinstatement in service of any workman, then, if the workman so requests, the arbitrator, industrial court or labour tribunal may, in lieu of making that decision, make a decision, under paragraph (d) of that subsection, for the payment of compensation to that workman ; and in any such case, the provisions of subsection (2) shall apply as though the decision were for the payment of compensation as an alternative to reinstatement. |
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| (6) The provisions of subsections (3) and (5) shall not be construed to limit the power of the industrial court or a labour tribunal or an arbitrator, under paragraph (d) of subsection (1), to include in an award or order a decision as to the payment of compensation as an alternative to reinstatement, in any case where the court, tribunal or arbitrator thinks fit so to do. |
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Sri Lanka Consolidated Acts