Workmen’s Compensation (Amendment)

(a) by the omission of the definition of ” adult” and ” minor “;

(b) in the definition of ” dependant” by the substitution for the words ” a minor child of a deceased son “, of the words ” a minor child of a deceased son or deceased daughter,” ;

(c) by the substitution for the definition of
“local authority ” of the following definition:

” local authority ” includes a Municipal Council, an Urban Council and a Pradeshiya Sabha;

(d) by the substitution, in the proviso to the definition of ‘! total disablement”, for the words ” from the permanent total loss of the sight of both eyes or from any combination of injuries specified in Schedule I” of the words ” from any combination of injuries specified in Schedule I” ;

(e) by substitution for the definition of ‘ workman ” of the following definition:

” Workman ” means any person who has entered into or works under a contract with an employer for the purposes of his trade or business in any capacity, whether the contract is expressed or implied, oral or in writing, and whether it is a contract of service or of apprenticeship or a contract personally to execute any work or labour and whether the remuneration payable there under is calculated by time, or by work done or otherwise, and whether such contract was made before or after the conning into force of this definition, but does not include

(a) by the substitution for the words “any department of the Government” of the words ” any department of the Government, Provincial Council”;

(b) by the substitution for the words “that department “, of the words ” that department, council”.

” (A) where death results from the injury and the deceased was a workman in receipt of monthly wages falling within limits shown in the first Column of Schedule IV the amount shown against such limits in the second column thereof “;

” (B) where permanent total disablement results from the injury, and the disabled workman was in receipt of monthly wages falling within limits shown in the first column of Schedule IV the amount shown against such limits in the third column thereof. ” ; and

” (D) where temporary disablement, whether total or partial, results from the injury, a half monthly payment payable on the sixteenth day after the expiry of a waiting period of three days from the date of the disablement, and thereafter half monthly, during the disablement or during a period of five years, whichever period is shorter, in the ease of a workman in receipt of monthly wages falling within limits shown in the first Column of Schedule IV of the sum shown against such limits in the Fourth Column thereof. “.

” (7) The Commissioner shall cause the amount deposited with him under subsection (4) to be deposited in an account, bearing interest, in the National Savings Bank established by the National Savings Bank Act No. 30 of 1971.”.

(1) Any workman, or employer who is aggrieved by any final order, of a High Court established under Article 154P of the Constitution, in the exercise of the appellate jurisdiction vested in it by subsection (1) of section 48, may appeal therefrom to the Supreme Court with the leave of that Court first had and obtained.

(2) The Supreme Court shall have sole and exclusive cognizance by way of appeal from any order made by such High Court, in the exercise of the jurisdiction vested in such High Court by subsection (1) of section 48 and it may affirm, reverse or vary any such order of such High Court and may issue such directions to the Commissioner or order a new trial or further hearing in any proceedings as the justice of the case may require and may also call for and admit fresh or additional evidence If the interest of justice so demands and may in such event, direct that such evidence for recorded by such High Court or the Commissioner.

(a) affirms the order of the Commissioner from which the appeal is preferred, the Commissioner shall cause the amount deposited under section 48 (4) together with the accumulated interest thereon less the sum distributed under the proviso to section 53 to be paid to the workman;

(b) reverse the order of the Commissioner from which the appeal is preferred, the Commissioner shall cause the amount deposited under section 48 (4) together with the accumulated interest thereon, to be returned to the appellant;

(c) varies the order of the Commissioner from which the appeal is preferred, the Commissioner shall cause the sum required to satisfy the order of the High Court or the Supreme Court, as the case may be together with interest on that sum less the sum distributed under the proviso to section 53 to be paid to the workman out of the amount deposited under section 48 (4), and shall cause the balance, if any, of such amount and interest thereon, to be returned to the appellant.”.