5. The following new sections, are hereby inserted immediately after section 31D, of the principal enactment and shall have effect as section 31DD, 31DDD and 31DDDD of that enactment:-
| 31DD.
| | (1) Any workman, trade union or employer who is aggrieved by any final order of a High Court established under Article 154P OF the Constitution, in the exercise of the appellate jurisdiction vested in it by law or in the exercise of its revisionary jurisdiction vested in it by law, in relation to an order of a labour tribunal, may appeal therefrom to the Supreme Court with the leave of the High Court or the Supreme Court first had an obtained. | | |
| | (2) The Supreme Court shall, have sole and exclusive cognizance by way of appeal from any order made by such High Court, in the exercise of the jurisdiction vested in such High Court by subsection (3) of section 31D, and it may affirm, reverse or vary any such order of such High Court and may issue such directions to any labour tribunal or order a new trial or further hearing in any proceedings as the justice of the ease may require and may also call for and admit fresh or additional evidence if the interests of justice so demands and may in such event, direct that such evidence be recorded by such High Court or any labour tribunal. | | |
| | (3) The Supreme Court shall hear and finally dispose of an appeal preferred to it under subsection (1), within one year of the date on which such appeal is filed in the Supreme Court. | | |
|
|
| 31DDD.
| | (1) Where an application is made to the Court of Appeal for the issue of an order in the nature of a writ of certiorari, prohibition, procedendo or mandamus, against the President of a labour tribunal in respect of an order made by such President, the Court of Appeal shall hear and finally dispose of such application within one year of the date on which such application is field in the Court of Appeal. | | |
| | (2) Where an appeal is preferred to the Supreme Court against an order of the Court of Appeal on any such application as is referred to in subsection (1), the Supreme Court shall hear and finally dispose of such appeal within one year of the date on which such appeal is filed in the Supreme Court. | | |
|
|
| 31DDDD.
| | (1) Where a High Court established under Article 154p of the Constitution on an appeal preferred to it under application in revision made to it against the order of a labour tribunal"
| | | (a) affirms the order of the labour tribunal which is the subject of such appeal or application, and no appeal is preferred under section 31DD to the Supreme Court, from such order of the High Court, within the time allowed therefor, the President of such labour tribunal shall cause the security furnished under section 31D (4), together with the accumulated interest thereon, to be paid to the workman ; |
| (b) reverses the order of the labour tribunal which is the subject of such appeal or application, and no appeal _is preferred under section 31DD to the Supreme Court, from such order of the High Court within the time allowed therefor, the President of such labour tribunal shall cause the security furnished under section 31D(4), together with the accumulated interest thereon, to he returned to the employer ; |
| (c) varies the order of the labour tribunal which is the subject of such appeal or application and no appeal is preferred under section 31DD to the. Supreme Court, from such order of the High Court, within the time allows therefor, the President of the labour tribunal shall cause the sum required to satisfy the order of the High Court, together with interest on that sum, to be paid to the workman out of the security furnished under section 31D(4), and shall cause the balance, if any, of such security and interest thereon, to be returned to the employer. |
|
| | (2) Where the Court of Appeal, on an application made to it for the grant of an order in the nature of a writ of certiorari, prohibition, procedendo or mandamus, in respect of an order of a labour tribunal"
| | | (a) refuses the application, and no appeal is preferred to the Supreme Court against such refusal, within the time allowed therefor, the President of the labour tribunal shall cause the security furnished under section 31D(4), together with the accumulated interest thereon,, to be paid to the workman; |
| (b) quashes the order of the labour tribunal, and no appeal is preferred to the Supreme Court against the order of the Court of Appeal, within the time allowed therefor, the President of such labour tribunal shall cause the security furnished under section 31D(4), together with the accumulated interest thereon, to be returned to the employer ; |
| (c) varies the order of the labour tribunal, and no appeal is preferred to the Supreme Court from the order of the Court of Appeal, within the time allowed therefor, the President of such labour tribunal shall cause the sum required to satisfy the order of the Court of Appeal, together with interest on that sum, to be paid to the workman out of the security furnished under section 31D(4) and shall cause the balance, if any, of such security and interest thereon, to be returned to the employer. |
|
| | (3) Where the Supreme Court in any of the following causes, that is to say, on an appeal preferred to it under section 31DD appeal preferred to it under section 31DD under Article 154P of the Constitution, or on an appeal preferred to it against an order of such High Court on an application in revision made to such High Court against an order of a labour tribunal, or on an appeal preferred to it from an order of the Court of Appeal allowing or refusing an application for the grant of an order in the i nature of a writ of certiorari, prohibition, / procedendo or mandamus against the President of a labour tribunal in respect of an order made by such President, or varying the order of such labour tribunal"
| | | (a) affirms the order of the labour tribunal which is the subject of such appeal, the President of such labour tribunal shall cause the security furnished under section 314 (4), together with the accumulated interest thereon, to be paid to the workman; |
| (b) reverses the order of the labour tribunal which is the subject of such appeal, the President of such labour tribunal shall cause the security furnished under section 31D (4), together with the accumulated interest thereon, to be returned to the employer; |
| (c) varies the order of the labour tribunal which is the subject of the appeal, the President of such labour tribunal shall cause the sum required to satisfy the order of the Supreme Court, together with interest on that sum, to be paid to the workman out of the security furnished under section 31D (4) and shall cause the balance, if any, of such security and interest thereon, to be returned to the employer.". |
|
|
|
|
Sri Lanka Consolidated Acts