006-NLR-NLR-V-70-M.-S.-SEEDIN-Appellant-and-N.-SAMBANDAN-Respondent.pdf
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ALLES, J.—Seedin v. Sambandan
1967Present: Alles, J.
M.S. SEEDIN, Appellant and N. SAMBANDAN, RespondentS. G. 29J66—Labour Tribunal, 2J25052
Industrial Disputes Act (Cap.lSl)—SectionSIB (1) {b)—Effect of the words “ are due
When the President of a Labour Tribunal considers whether a workmanshould be paid any gratuity under the provisions of section 31B (1) (6) of theIndustrial Disputes Act, he is entitled to make any order which he considersjust and equitable.
Appeal from an order of a Labour Tribunal.Lakshman Kadirgamar, for applicant-appellant.No appearance for employer-respondent.
Cur. adv. vult.
June 16, 1967. Alles, J.—
The question of law which arises for consideration in this case undersection 31B (2) of the Industrial Disputes Act (Chapter 131) is whether thePresident of the Labour Tribunal should have disallowed the applicant’sclaim to the payment of a gratuity, in view of the decision of the PrivyCouncil in United Engineering Workers Union v. Devanayagam.1
In not entertaining the applicant’s claim for gratuity, the learnedPresident has followed the decision of the Supreme Court in RichardPeiris & Co. v. Wijesiriwardene 2, where T. S. Fernando, J. in construingthe words, “ the question whether any gratuity or other benefits are due
” held that the words “ are due ” in the above section meant
“ are legally due The Privy Couqpil in the above-mentioned case hasheld that the decision in Richard Peiris <£? Go. v. Wijesiriwardene was
1 11967) 69 N. L. R. 289 at p. 300.
* {I960) 62 N. L. R. 233.
G. P. A. SILVA, J.—Hameed v. The Queen
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wrong. In view of the Privy Council decision, in construing the words“ are due ” in section 31B (1) (6) as not being “ are legally due ” thePresident of the Labour Tribunal is entitled to make any order which heconsiders just and equitable on the question of gratuity.
therefore, remit this case for a decision by the President, W. E. M.Abeysekera, for the limited purpose of deciding whether in the circum-stances of this case any gratuity should be paid to the applicant underthe provisions of section 31B (1) (6) of the Industrial Disputes Act. Therewill be no costs of this application.
Case sent back for further proceedings.