43A.
| (1) Where an employer has been convicted for failing ,to comply with any term or condition of any settlement or award under this Act, or with an order of a labour tribunal, or with an order under section 10 (2) relating to the payment of any sum of money due by such employer to a workman, or the grant of any benefit to which that workman is entitled, then, if a notice in the prescribed form of the intention so to do has been served on such employer at any time before the commencement of the trial, evidence may be given of the failure on the part of such employer to pay any sum of money, or to grant such benefit, to any other workman or workmen under that award or settlement or order of the labour tribunal or order under section 10 (2), and, on proof of such failure, the court may order such employer to pay such sum of money or, if such benefit is capable of being computed in terms of money, such amount as may be determined by the court (whose determination shall be final) to such other workman or workmen. Any sum of money ordered to be paid under this subsection may be recovered in the same manner as a fine. |
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| (2) The power of the court to make an order under subsection (1) shall not be in derogation of any right of the workman or workmen to recover the sum of money, or the value of the benefit if it can be computed in terms of money, by any other proceedings. |
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| (3) Where a workman has not been paid any sum of money, or granted any benefit, which may be due to him from any employer in accordance with any term or condition, of a settlement or award under this Act, or with an order of a labour tribunal or with an order under section 10(2), the Commissioner may, if he thinks fit so to do, by written notice require such employer to pay such sum of money or, if such benefit is capable of being computed in terms of money, such amount as may be determined by the Commissioner (whose determination shall be final) as the value of the benefit, to the Commissioner within the time specified in the notice so that the Commissioner may remit it to such workman. If the employer on being served with the notice pays the sum of money or the amount so determined directly to the workman instead of remitting it to the Commissioner as required by the notice, the employer shall be deemed not to have paid such sum of money or amount so determined to such workman. |
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Sri Lanka Consolidated Acts