Sri Lanka Consolidated Acts

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Industrial Disputes (Special Provisions) Act (No. 37 of 1968) - Sect 8

Special provisions relating to certain actions under the principal Act

8.
(1) Where any action which was instituted. against any person before a Magistrate prior to the relevant date in respect of any order or award under the principal Act, was not entertained or was dismissed by order of such Magistrate on the ground that the industrial court, arbitrator or president of the labour tribunal which made such order or award was not validly constituted or appointed to make such order or award, the following provisions shall apply: -
(i) the order of such Magistrate shall be deemed to have been, and to be, null and void;
(ii) such action shall be deemed to be an, action instituted de novo before such. Magistrate on the relevant date:
(iii) such Magistrate is hereby empowered, authorized and required, and shall have jurisdiction, to entertain, hear and decide such action de novo; and
(iv) the practice and procedure to be followed by such Magistrate in entertaining, hearing and deciding such action, de novo shall be as determined by order of the Chief Justice.
(2) For the purposes of this section, the term " action " includes any application, petition, suit or prosecution, or any other proceedings by whatsoever name or designation called.


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