Industrial Disputes (Special Provisions) Law

Industrial Disputes (Special Provisions) Law A LAW TO MAKE SPECIAL PROVISION IN RESPECT OF CERTAIN APPLICATIONS MADE TO LABOUR TRIBUNALS; TO AMEND THE INDUSTRIAL DISPUTES ACT AND TO MAKE PROVISION FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows:- Short title. 1. This Law may be cited as the Industrial Disputes (Special Provisions) Law, No. 53 of 1973. Special provision in respect of certain applications made to Labour Tribunals. 2. (1) Where any application made to a Labour Tribunal during the relevant period under paragraph (a) or paragraph (b) of section 31B (1) of the principal enactment has not been entertained by order of such Labour Tribunal on the ground and on the ground only that such application was not made within the period of three months prescribed by the relevant regulation, such order shall be deemed to have been and to be null and void, and the Labour Tribunal is hereby empowered, authorized and required and shall have jurisdiction to entertain hear and determine such application de novo under the provisions of the principal enactment. (2) Where any application made to a Labour Tribunal during the relevant period under paragraph (a) or paragraph (b) of section 31B (1) of the principal enactment has been dismissed or set aside by order of such Labour Tribunal on the ground and on the ground only that such application was not made within the period of three months prescribed by the relevant regulation, such order shall be deemed to have been and to be null and void, and the Labour Tribunal is hereby empowered, authorized and required, and shall have jurisdiction to hear and determine such application de novo under the provisions of the principal enactment. Amendment of section 31B of the principal enactment. 3. The principal enactment is hereby amended in section 31B, by the insertion, immediately after subsection (6) of that section, of the following new subsection: – “(7) Every application to a Labour Tribunal under paragraph (a) or paragraph (b) of subsection (1) of this section in respect of any workman shall be made within a period of six months from the date of termination of the services of that workman.”. The provisions of this Law to prevail over those of be principal enactment or any other written law. 4. The provisions of this Law shall be in addition to and not in derogation of the provisions of the principal enactment or any other written law and accordingly shall he read and construed as one with the principal enactment: Provided, however, that in the event of any conflict or inconsistency between the provisions of this Law and those of the principal enactment or of any other written law, the provisions of this Law shall prevail over those of the principal enactment or such other written law to the extent of such conflict or inconsistency. Interpretation. 5. In this Law- ” principal enactment” means the Industrial Disputes Act (Chapter 131), as amended subsequently; ” relevant period ” means the period commencing on the date on which the Industrial Disputes Regulations, 1958. came into force, and ending on the date on which this Law comes into operation; and ” relevant regulation ” means regulation 16 of the Industrial Disputes Regulations, 1958.