43.
| (1) Without prejudice to the provisions of subsection (5) every person who commits any offence under this Act shall be liable on conviction after summary trial before a Magistrate to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment. |
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| (2) On the conviction of any employer for failure to comply with such term or condition of an award of any industrial court or arbitrator or labour tribunal as requires the reinstatement of any workman in any service or an order of any labour tribunal requiring such reinstatement, such employer shall be liable-
| | (i) to pay, in addition to any punishment that may be imposed on such employer under subsection (1), a fine of rupees fifty for each day on which the failure is continued after conviction thereof; and | | |
| | (ii) to pay such workman the remuneration which would have been payable to him if he had been in such service on each such day and on each day of the period commencing on the date on which he should have been reinstated in service according to the terms of the award or order and ending on the date of the conviction of such employer, computed at the rate of salary or wages to which he would have been entitled if his services had not been terminated. | | |
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| (3) On the conviction of an employer for an offence under section 40 (1) (k) for terminating without good cause the services of, or reducing to a lower grade or class, any workman,-
| | (a) the court shall, in addition to any punishment that it may impose on such employer under subsection (1), order such employer-
| | | (i) where the services of the workman were terminated without good cause, to reinstate in service such workman, or |
| (ii) where the workman was reduced to a lower grade or class, to restore such workman to his proper grade or class, or |
| (iii) where such workman was otherwise punished, to grant such relief as the court may consider necessary, |
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| (4) Where an employer is convicted by a court for failure to comply with any term or condition of any settlement, award or collective agreement under this Act, or with any order of a labour tribunal or with any order under section 10 (2), relating to the payment of any sum of money by such employer to a workman, or to the grant of any benefit to which that workman is entitled, the court may, in addition to any other sentence that it may impose on such employer, order that such sum be paid, or, if such benefit is capable of being computed in terms of money, that such amount as may be determined by the court (whose determination shall be final) as the value of such benefit be paid, within the period specified in the order of the court, and if such sum or the amount so determined is not so paid, it may be recovered on the order of the court as if it were a fine imposed by the court. |
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| (5) Any person who in any proceedings before an arbitrator or an industrial court or a labour tribunal offers any insult or causes any interruption to such arbitrator, court or tribunal or any member thereof, may be tried and punished under subsection (1), or by such arbitrator, court or tribunal, and where such person is tried and punished by an arbitrator or an industrial court or a labour tribunal, such arbitrator, court or tribunal shall exercise the same powers and perform the same duties as a District Court exercises and performs in similar circumstances under section 381 of the Criminal Procedure Code. |
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Sri Lanka Consolidated Acts