36.
| (1) Any industrial court, labour tribunal, arbitrator, authorized officer or labour officer or the Commissioner shall, for the purposes of this Act, and the Commissioner or an inspector of labour shall, for the purpose of promoting a settlement of any industrial dispute by means other than those referred to in this Act, have power, by order-
| | (a) to require any person to furnish, in writing, such particulars as that court, tribunal, arbitrator or authorized officer or the Commissioner or that inspector may consider necessary ; | | |
| | (aa) to require the parties or the representatives of the parties to an industrial dispute which is being investigated or inquired into by that court, tribunal, arbitrator or authorized officer or the Commissioner or that inspector to be present for interrogation in regard to that dispute on such date and at such time and place as may be notified to them ; | | |
| | (b) to require any person to give evidence on oath or otherwise before that court, tribunal, arbitrator or authorized officer or the Commissioner or that inspector; and | | |
| | (c) to require any person to produce such documents as the court, tribunal, arbitrator or authorized officer or the Commissioner or that inspector may consider necessary. | | |
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| (2)
| | (a) Where a person upon being required by an authorized officer under subsection (1) to furnish any particulars or to produce any document, makes a declaration upon oath or affirmation or a declaration verified by affidavit to the effect that the disclosure of the information required by the authorized officer would be prejudicial to his business or interests, such person shall not be bound to comply with the requirements, unless he is required by the Commissioner to furnish such particulars or to produce such document to the Commissioner. | | |
| | (b) Any person furnishing any particulars, giving evidence, or producing any documents, under subsection (1), may make a written request that such particulars, evidence or documents should be treated as confidential, and where such a request is made, the [ ยง 17, 62 of 1957.] industrial court, labour tribunal, arbitrator, authorized officer or Commissioner or inspector of labour, as the case may be, shall, if satisfied-
| | | (i) that the disclosure of the information provided by the particulars, evidence or documents to which the request relates, would be prejudicial to the business or interests of that person ; and |
| (ii) that such information would not otherwise be available by other means, |
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| (3) Nothing in the preceding provisions of this section shall be deemed to require or authorize any person to disclose any information or to produce any document in any case where the disclosure or production by that person of such information or document is prohibited by or under the provisions of any written law other than this Act. |
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| (4) In the conduct of proceedings under this Act, any industrial court, labour tribunal, arbitrator or authorized officer or the Commissioner shall not be bound by any of the provisions of the Evidence Ordinance. |
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| (5) The industrial court, arbitrator or labour tribunal may, at any time after the commencement of any proceedings in respect of an industrial dispute, permit any party or any trade union, employer or workman included in such party to raise any fresh matter relating to the dispute for the decision of such court, arbitrator or tribunal, if such court, arbitrator or tribunal is satisfied that such matter could not have been raised at the commencement of the proceedings : |
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| (6) Where any fresh matter is raised under subsection (5) the party, trade union, employer or workman raising such matter shall give written notice of it to every other trade union, employer and workman included in such party and to the other party and to every trade union, employer and workman included in such other party : |
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Sri Lanka Consolidated Acts