073-NLR-NLR-V-73-TIMES-OF-CEYLON-LTD.-Appellant-and-N.-EDIRMANASINGHE-Repsondent.pdf
404If. X. G. FEBXAXDO, C.J.— Timer nf Ceylon Ltd. v. Edirmonasinyhe
1970"Present: If. N. G. Fernando, C.J.
TDIES OF CEYLON LTD., Appellant, andN. EDJRMANASINGHE, Respondent
S. C. .60/69—Labour Tribunal, 1/16S09
Industrial Disputes Act {Cap. 131)—Section 31 (D)—Appeal thereunder—Time limit■ for filing it—Sundays can no longer be excluded—Holidays Act No. 17 of1905, s. 2.
In view of section 2 of the Holidays Act No. 17 of 1905, Sundays canno longer be excluded in computing the period of 14 days -within which anappeal under section 31 (D) of the Industrial Disputes Act has to be Hied.
A.PPEAL from an order of a Labour Tribunal.
A. T. Williams, with Nikal Perera, for the employer-appellant.
N. Satyendra, with R. L. Jayasuriya, for the applicant-respondent.
February 11, 1970. H. N. G. Fernando, C.J.—
Counsel for the appellant concedes that if Sundays are not excluded incomputing the period of 14 days within which an appeal under Section 31(D) of the Industrial Disputes Act has to be filed, his present appeal isout of time. Counsel invited me in this connection to re-considera decision of Samerawickrame, J. in the case of Jayauardhena v.Tkiruckelvam *. I see no reason to re consider that decision as I am inentire" agreement with the opinion that Section 2 of the.Holidays ActNo. 17 of 1965 had the effect that in provisions like in Section 31 (D)Sundays are no longer to bo excluded in the computation of the periodreferred to in such provisions.
The appeal is rejected with costs fixed at Rs. 105.
Appeal rejected«• •
* {1968) 71 N. L. R. 134.