3.
| (1) A workman employed as a labourer - '
| | (a) shall be entitled to the payment of a gratuity under section 2, in a sum equivalent to fourteen days' wage or salary for each year of completed service prior to the, commencement of his liability to contribute to, the Employees Provident Fund computed at the rate of wage or salary paid or that would have been paid to such workman in the month of November, 1959; and | | |
| | (b) shall be entitled to the payment of a gratuity under section 2, in a sum equivalent to seven days' wage or salary for each year of completed service subsequent to the commencement of his liability to contribute to the Employees' Provident Fund computed in the same manner as in paragraph (a), of this subsection. | | |
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| (2) Where a workman is employed in any capacity other than as a labourer, he shall be entitled to the payment of a gratuity under section 2, computed at the rate of a sum equivalent to one month's gross wage or salary of that workman for each year of completed service -
| | (i) if that workman was employed on any agricultural land that vested in the Land Reform Commission on August 26, 1972, based on the gross rate of wage or salary, that would have been paid for the month of August. 1972. if he had worked, for the whole of that month, | | |
| | (ii) if that workman was employed on any estate land that vested in the Land Reform Commission on October 17, 1975, based on the rate of wage or salary that would have been paid for the month of October, 1975, if he had worked for the whole of that month, | | |
| | (iii) if that workman was employed on any land that was acquired under the Land Acquisition Act, based on the rate of wage or salary that would have been paid for the month in which such land was acquired,
if he had worked for the whole of that month, less the employer's contribution to the Employees' Provident Fund,, or to an approved provident fund or to any pension fund in respect of that workman for the period up to August 26, 1972, where that workman is a workman referred to in paragraph (i) of this subsection, or October 17, 1975, where that workman is a workman referred to in paragraph (ii) of this subsection, or, up to the date of such, acquisition where that workman is. a workman referred to in paragraph (iii) of this subsection.
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| (3) Where an employer has paid a gratuity in respect of the services of a workman in accordance with the order of a labour tribunal or an award or settlement under the Industrial Disputes Act. that employer, shall not be liable to pay in respect of .such services a gratuity under this Part. |
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Sri Lanka Consolidated Acts