Industrial Disputes Act (No. 27 of 1966)

Sri Lanka Consolidated Acts

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Industrial Disputes Act (No. 27 of 1966) - Sect 56

Offences

40.

(1) Any person who-

	(a) being bound by a collective agreement or by a settlement under this Act or by an award of an arbitrator or an industrial court or a labour tribunal, does any act or aids, abets or incites the commission of any act in contravention of, or fails to comply with, any of the terms or conditions of that agreement, settlement or award;

	(b) being an employer bound by a collective agreement or by a settlement under this Act or by an award of an arbitrator or an industrial court or a labour tribunal keeps in his employment any workman on less favourable terms than those specified in that agreement,, settlement or award ;

	(c) being an employer, fails to comply with an order made under section 10 (2) or contravenes the provisions of subsection (1) of section 32 or section 50 ;

	(d) being a workman, contravenes the provisions of subsection (2) of section 32;

	(e) being bound by a collective agreement or by a settlement under this Act or by an award of an arbitrator or an industrial court or a labour tribunal and being a workman or a person other than a workman, incites or induces a workman to strike or to discontinue employment or work, with a view to procuring the alteration of any of the terms and conditions of that agreement, settlement or award;

	(f) being bound by a collective agreement or by a settlement under this Act or by an award of an arbitrator or an industrial court or a labour tribunal and being a workman, takes part in a strike or discontinues employment or work, with a view to procuring the alteration of any of the terms and conditions of that agreement, settlement or award ;

	(ff) being bound by a collective agreement or by a settlement under this Act or by an award of an arbitrator or an industrial court or a labour tribunal and being an employer commences a lock-out with a view to procuring the alteration of any of the terms and conditions of that agreement, settlement or award;

	(fff) takes part in a strike or discontinues employment or work with a view to procuring the alteration of any order made by a labour tribunal in respect of any application made to such tribunal under section 31B ;

	(g) fails or refuses without reasonable cause to be present when required to do so under para graph (aa) of subsection (1) of section 36, or fails or refuses to answer when interrogated under that paragraph, or to furnish any particulars or to give evidence or to produce any document which he is required to furnish, give or produce under the provisions of section 36;

	(h) furnishes, for the purposes of this Act, any information or gives any evidence which to his knowledge is untrue or incorrect;

	(i) in any proceedings under this Act before the Commissioner or before any authorized officer, arbitrator or industrial court, intentionally offers any insult or causes any interruption to such Commissioner, officer, arbitrator or court or any member thereof;

	(j) being an employer, dismisses or punishes in any other way any workman for the reason that the workman intends to give or has given evidence in any proceedings under this Act;

(k) being an employer, without good cause terminates the services of, or reduces to a lower grade or class, or otherwise punishes, any workman for the reason that he has become entitled to the benefit of any collective agreement, or an order under section 10 (2), or any settlement or award of an industrial court or arbitrator or a labour tribunal, or an order of any labour tribunal under this Act;

	(l) being an employer, commences, continues, or participates in, or does any act in furtherance of, a lock-out in any industry after an industrial dispute in that industry has been referred for settlement to an industrial court,

	(m) being a workman, commences, continues, or participates in, or does any act in furtherance of, a strike in any industry after an industrial dispute in that industry has been referred for settlement to an industrial court, or for settlement by arbitration to an arbitrator, or for settlement by adjudication to a labour tribunal, but before an award in respect of such dispute has been made ;

	(n) incites a workman to commence, continue or participate in, or do any act in furtherance of, a strike in connection with any industrial dispute in any essential industry in contravention of section 32 (2) ;

	(o) incites a workman to commence, continue or participate in, or do any act in furtherance of, a strike in any industry after an industrial dispute in that industry has been referred for settlement to an industrial court, or for settlement by arbitration to an arbitrator or for settlement by adjudication to a labour tribunal, but before an award in respect of such dispute has been made;

(p) being an employer, after an industrial dispute in any industry has been referred for settlement to an industrial court, or for settlement by arbitration to an arbitrator, or for settlement by adjudication to a labour tribunal, but before an award in respect of such dispute has been made-

(i) terminates the services of, or punishes in any other way, without the approval in writing of such court or arbitrator or tribunal, any workman concerned in such dispute, for any act or omission connected with, arising from, or constituting or included in such dispute, or

(ii) in regard to any matter connected with such dispute, alters, to the prejudice of any workman concerned in such dispute, the conditions of service applicable to such workman immediately before the reference of such dispute to such court or arbitrator or tribunal;

	(q) being an employer, fails to comply with any order made in respect of him by a labour tribunal;

	(r) being an employer, contravenes the provisions of section 44C or section 44D ;

	(s) being an employer, contravenes the provisions of section 31F or section 31G or section 31H ;

	(t) fails to furnish such means required by any officer specified in section 44E as is necessary for any entry or inspection or the exercise of his powers under that section;

	(u) hinders or molests any officer in the exercise of his powers under section 44E ;

	(v) refuses or fails without reasonable cause to produce any register or record or give any information which any officer requires him to give under the powers conferred by section 44E ;

	(w) prevents or attempts to prevent any other person from answering any question put by any officer to such other person during an interrogation of such other person under section 44E ;

	(x) makes or causes to be made any register or record which is false in any material particular or produces or causes or knowingly allows to be produced any such register or record to any officer acting under the powers conferred by section 44E, knowing such register or record to be false ; or

	(y) furnishes any information to any officer acting under the powers conferred by section 44E, knowing such information to be false,

(2) In any prosecution under the provisions of paragraphs (j) and (k) of the preceding subsection the burden of proving that the dismissal., punishment or reduction of a workman by an employer was not in contravention of those provisions shall lie on .the employer.

(3) In any prosecution of an employer for an offence relating to compliance with any settlement or award under this Act, or with an order of a labour tribunal, or with an order under section 10 (2), the burden of proving that the settlement, award, order of the labour tribunal or order under section 10 (2) was complied with shall lie on the employer.

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