2. The Wages Boards Ordinance (hereinafter referred to as the " principal enactment ") is hereby amended by the insertion, immediately after section 3B thereof (inserted by the Holidays Regulations, No. 1 of 1971), of the following new sections:-
| 3C. Every employer who under section 3. maintains or has maintained a wage record shall, on any request made by a worker or by the trade union to which he belongs, furnish or cause to be furnished, all particulars of the wages paid to such worker in the prescribed form. |
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| 3D.
| | (1) Where an employer of any worker in any trade has failed to maintain and keep in the premises where that "trade is' carried on the wage record required to be kept under subsection (1) of section 3, or fails, when required to do so under subsection (2) of that section, to produce such record for inspection, the Commissioner is hereby empowered to assess the wages or the short payment of wages, as the case may be, payable to such worker under this Ordinance on the basis of all the evidence both oral and documentary, available to him, and the provisions of subsection (2) shall apply where default is made in the payment of any such wages. | | |
| | (2) Where an employer makes default in the payment of any sum which he is liable to pay under subsection (1), and the Commissioner is of opinion that it is impracticable or inexpedient to recover that sum under any other provisions of this Ordinance, then, he may - issue a certificate containing particulars of the sum so due and the name and place of residence of the defaulting employer to the Magistrate having jurisdiction in the division in which such place Is situated. The Magistrate shall thereupon summon such' employer before him to show cause why further proceedings for the recovery of the sum due should not be taken against him, and in default of sufficient cause being shown, such sum shall be deemed to be a fine imposed on such employer by such Magistrate, and shall be recovered accordingly. Every sum so recovered shall be paid to the Commissioner. | | |
| | (3) The correctness of any statement in a certificate issued by the Commissioner for the purposes of this section shall not be called In question or examined by the court in any proceedings under this section, and accordingly nothing in this section shall authorize the court to consider, or decide the correctness of any statement in such certificate and the Commissioner's certificate; shall- be. sufficient evidence that, the amount due under subsection (1) from the defaulting employer has been duly calculated and that such amount is in default.". | | |
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Sri Lanka Consolidated Acts