INDUSTRIAL DISPUTES ACT

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

PART II

FUNCTIONS OF THE COMMISSIONER AND CIRCUMSTANCES IN WHICH INDUSTRIAL DISPUTES WILL BE REFERRED FOR SETTLEMENT BY CONCILIATION OR BY ARBITRATION OR BY AN INDUSTRIAL COURT

2. Functions of Commissioner in regard to Industrial Disputes.

3. Powers of Commissioner in regard to Industrial Disputes.

4. Powers of the Minister in regard to Industrial Disputes.

PART III

COLLECTIVE AGREEMENTS, SETTLEMENTS, AWARDS AND EFFECT THEREOF

(A) COLLECTIVE AGREEMENTS

5. Definition of "collective agreement”.

6. Transmission of collective agreement to Commissioner and publication of such agreement.

7. Date on which collective agreement comes into force, and its duration.

8. Effect of a collective agreement.

9. Termination of a collective agreement.

10. Orders in respect of employers on whom certain collective agreements are not binding as provided in section 8.

10A. Interpretation of collective agreements.

10B. Duty of employer bound by a collective agreement to exhibit notice containing provisions of the agreement.

(B) SETTLEMENT BY CONCILIATION

11. Duties and powers of the Commissioner or an authorised officer for purposes of conciliation and time-limit for conclusion of investigations into Industrial Disputes.

12. Memorandum of settlement report relating to the dispute.

13. Date on which a settlement comes into force and its duration.

14. Effect of a settlement.

15. Termination of settlement.

(C) SETTLEMENT BY ARBITRATION

15A. Interpretation of expression "arbitrator”.

16. Statement specifying matters in dispute.

17. Duties and powers of arbitrator.

18. Publication of award, date on which it comes into force and its duration.

19. Effect of an award of an arbitrator.

20. Termination of arbitrator's award.

21. Provisions relating to arbitration in other written law not to apply to proceedings before arbitrator.

(D) SETTLEMENT BY ADJUDICATION

21A. Repealed.

21B. Repealed.

21C. Repealed.

21D. Repealed.

PART IV

INDUSTRIAL COURTS

22. Constitution.

23. Statement for Industrial Court specifying matters in dispute.

24. Duties and powers of Industrial Courts.

25. Publication of award, date on which it comes into force, and its duration.

26. Effect of an award of an Industrial Court.

27. Applications for reconsideration of awards of Industrial Courts.

28. Duties and powers of Industrial Courts in relation to applications under section 27.

29. Publication of decision given under section 28.

30. Effect of decisions given under section 28.

31. Vacancies.

PART IVA

LABOUR TRIBUNALS

31A. Establishment and condition of labour tribunals.

31B. Applications to a labour tribunal.

31C. Duties and powers of labour tribunal in regard to applications under section 31B.

31D. Appeal to High Court on question of law arising out of the order of a labour tribunal.

31DD. Appeal to Supreme Court from High Court and powers of Supreme Court on appeal.

31DDD. Repealed.

31DDDD. Payment of security on determination of appeal or application.

PART IVB

PROVISIONS RELATING TO RETRENCHMENT OF WORKMEN

31E. Application of this Part.

31F. Duty of employer to give notice of intended retrenchment to the workman, the trade union of which that workman is a member and to the Commissioner.

31G. Retrenchment shall not be effected until after the expiry of two month after the date of the notice.

31H. Where an industrial dispute arising out of the intended retrenchment is referred for settlement employer shall not effect the retrenchment within a period of two months, after the date of reference of such dispute.

PART V

ESSENTIAL INDUSTRIES

32. Strikes and lock-outs in essential industries.

PART VA

UNFAIR LABOUR PRACTICES

32A. Prohibition of unfair labour practices by employers.

PART VI

GENERAL

33. The terms of an award or labour tribunal.

34. Interpretation of an award by an arbitrator or an Industrial Court, or an order of a labour tribunal.

35. Award of arbitrator or Industrial Court not to be less favourable than existing law.

36. Evidence.

37. Costs.

38. Appointment and servants.

39. Regulations.

40. Offences.

40A. Offence of contempt against or in disrespect of the authority of an arbitrator or an Industrial Court or a labour, tribunal or a member thereof.

41. Offences by bodies of persons.

42. Special defence open to a person charged with an offence.

43. Punishment of offences.

43A. Recovery of sums of money due to workmen in certain cases.

43B. Immediate employer being himself in the employment of another person.

44. No prosecution without sanction of Commissioner.

44A. Proof of collective agreements, settlements.

44B. Power of Commissioner or trade union to recover by suit money due to a workman.

44C. Employers to make available for inspection by the Commissioner or any labour officer or any other prescribed officer registers or records.

44D. Inclusion of prescribed particulars in register or record kept under any other written law.

44E. Powers of entry, inspection.

45. Expenses.

46. Representation and appearance.

47. Protection of action taken under this Act.

47A. Contracting out of the rights or liabilities under this Act or awards made thereunder.

47B. Exemption duty stamp.

47C. Provisions relating to Industrial Disputes in which the employers concerned have ceased to be such employers.

48. Interpretation.

48A. Labour officers subject to the general or special directions of the Commissioner.

49. Act not to apply to the State or Government or employees of State or Government.

50. Re-employment of retrenched workman.

51. The superintendent or manager of an estate to be the employer.

53 of 1973,

43 of 1950,

25 of 1956,

14 of 1957,

62 of 1957,

4 of 1962,

27 of 1966,

39 of 1968,

12 of 1983,

32 of 1990,

56 of 1999,

11 of 2003,

21 of 2008,

39 of 2011.

AN ACT to provide for the prevention, investigation and settlement of Industrial Disputes, and formatters connected therewith or incidental thereto.

[Date of Commencement: 1st September,1951]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Industrial Disputes Act.

PART II

FUNCTIONS OF THE COMMISSIONER AND CIRCUMSTANCES IN WHICH INDUSTRIAL DISPUTES WILL BE REFERRED FOR SETTLEMENT BY CONCILIATION OR BY ARBITRATION OR BY AN INDUSTRIAL COURT

2. Functions of Commissioner in regard to Industrial Disputes.

(1) Where, upon notice given to him or otherwise, the Commissioner is satisfied that any industrial dispute exists or is apprehended, it shall be the function of the Commissioner to make such inquiries into the matters in dispute, and to take such other steps, as he may think necessary with a view to promoting a settlement of the dispute, whether by means referred to in this Act or otherwise.

(2) For the purposes of this section, "Commissioner” includes a labour officer.

[S 2(2) ins by s 2 of Act 4 of 1962.]

3. Powers of Commissioner in regard to Industrial Disputes.

(1) Where the Commissioner is satisfied that an industrial dispute exists in any industry or where he apprehends an industrial dispute in any industry, he may—

(a) if arrangements for the settlement of disputes in that industry have been made in pursuance of any agreement between organisations representative respectively of employers and workmen engaged in that industry, cause the industrial dispute to be referred for settlement by means of such arrangements; or

(b) endeavour to settle the industrial dispute by conciliation; or

(c) refer the industrial dispute to an, authorised officer for settlement by conciliation; or

(d) if the parties to the industrial dispute or their representatives consent, refer that dispute, by an order in writing, for settlement by arbitration to an arbitrator nominated jointly by such parties or representatives, or in the absence of such nomination, to an arbitrator or body of arbitrators appointed by the Commissioner or to a labour tribunal.

[S 3(1)(d) am by s 3 of Act 4 of 1962.]

(2) A body of arbitrators appointed under paragraph (d) of subsection (1) shall consist of—

(a) a person nominated by the employers;

(b) a person nominated by the workmen; and

(c) a person nominated as Chairman jointly by the employers and workmen, or, in the absence of such nomination, by the Commissioner.

The opinion on any matter of the majority of the members of a body of arbitrators shall be deemed to be the opinion of that body on that matter.

[S 3(2) ins by s 3 of Act 4 of 1962.]

(3) Where an industrial dispute is not settled in consequence of action taken by the Commissioner under any of the paragraphs (a), (b), (c) and (d) of subsection (1), he may, if he considers it expedient to do so, take action, as often as he considers it necessary so to do, in respect of that dispute under any of those paragraphs.

[S 3(2) re-numbered as s 3(3) by s 3 of Act 4 of 1962.]

4. Powers of the Minister in regard to Industrial Disputes.

(1) The Minister may, if he is of the opinion that an industrial dispute is a minor dispute, refer it, by an order in writing, for settlement by arbitration to an arbitrator appointed by the Minister or to a labour tribunal, notwithstanding that the parties to such dispute or their representatives do not consent to such reference.

(2) The Minister may, by an order in writing, refer any industrial dispute to an Industrial Court for settlement.

[S 4 subs by s 3 of Act 62 of 1957.]

4A. .

[S 4A rep by Act 39 of 1968.]

PART III

COLLECTIVE AGREEMENTS, SETTLEMENTS, AWARDS AND EFFECT THEREOF

(A) COLLECTIVE AGREEMENTS

5. Definition of "collective agreement”.

(1) In this Act, "collective agreement” means an agreement—

(a) which is between—

(i) any employer or employers; and

(ii) any workmen or any trade union or trade unions consisting of workmen; and

(b) which relates to the terms and conditions of employment of any workmen, or to the privileges, rights or duties of any employer or employers or any workmen or any trade union or trade unions consisting of workmen, or to the manner of settlement of any industrial dispute.

[S 5(1) subs by s 4 of Act 62 of 1957.]

(2) Reference shall be made in the collective agreement to the parties and trade unions to which, and the employers and workmen to whom, the agreement relates.

6. Transmission of collective agreement to Commissioner and publication of such agreement.

Where a collective agreement in respect of any industry in any district has been reduced to writing and signed by both the parties to the agreement or by the representative of each party thereto, any such party or any trade union or employer constituting or included in any such party may transmit the agreement to the Commissioner; and the Commissioner shall forthwith cause the agreement to be published in the Gazette:

Provided that where such agreement contains provisions relating to the terms and conditions of employment of any workmen in such industry, the Commissioner shall not cause such agreement to be so published unless he is satisfied that those terms and conditions are not less favourable than those applicable to any other workmen in the same or a similar industry in such district.

For the purpose of this section, terms and conditions of employment set out in any other collective agreement shall not be deemed to be applicable to any workmen, unless the agreement has been published in the Gazette under this section and is for the time being in force.

[S 6 subs by s 5 of Act 62 of 1957.]

7. Date on which collective agreement comes into force, and its duration.

(1) Every collective agreement which is published in the Gazette under section 6 shall come into force on the date of such publication or on such date, if any, as may be specified in that behalf in the agreement.

(2) Where any collective agreement provides that the agreement shall have effect for any period or until any date specified therein, such agreement shall continue in force with
effect from the date on which it comes into force as provided in subsection (1) until the end of the period or until the date so specified, unless it ceases earlier to have effect as provided in section 9.

(3) Where no period or date is specified in any collective agreement as the period during which or the date until which the agreement shall have effect, the agreement shall continue in force with effect from the date on which it comes into force as provided in subsection (1), until it ceases to have effect as provided in section 9.

8. Effect of a collective agreement.

(1) Every collective agreement which is for the time being in force shall, for the purposes of this Act, be binding on the parties, trade unions, employers and workmen referred to in that agreement in accordance with the provisions of section 5(2); and the terms of the agreement shall be implied terms in the contract of employment between the employers and workmen bound by the agreement.

[S 8 renumbered as s 8 s 6 of Act 62 of 1957.]

(2) Where there are any workmen in any industry who are bound by a collective agreement, the employer in that industry shall, unless there is a provision to the contrary in that agreement, observe in respect of all other workmen in that industry terms and conditions of employment which are not less favourable than the terms and conditions set out in that agreement.

[S 8(2) ins by s 6 of Act 62 of 1957.]

9. Termination of a collective agreement.

(1) Any party, trade union or employer, bound by a collective agreement, may repudiate the agreement by written notice in the prescribed form sent to the Commissioner and to every other party, trade union and employer bound by the agreement:

Provided that any employer, who is a member of a trade union which is, or is included in, a party bound by the agreement, shall not be entitled to repudiate such agreement independently of such trade union; and any notice of repudiation given independently by any such employer shall not be a valid notice for the purposes of this Act.

(2) Where a valid notice of repudiation of a collective agreement is received by the Commissioner, then, subject as hereinafter provided-(a) the agreement to which such notice relates shall terminate and cease to have effect upon the expiration of the month immediately succeeding the month in which the notice is so received by the Commissioner; and

(b) the Commissioner shall cause the notice of repudiation to be published in the Gazette, together with a declaration as to the time at which the agreement shall terminate as provided in paragraph (a):

Provided that where valid notice of repudiation of any agreement is given by one or some only, but not all, of the trade unions or employers included in a party to the agreement, such agreement shall cease to have effect only in relation to each trade union or employer giving such notice and to the members of any such union, but shall otherwise continue in force and have effect accordingly.

10. Orders in respect of employers on whom certain collective agreements are not binding as provided in section 8.

(1) Where the parties to a collective agreement that is in force are one or more trade unions consisting of employers in any industry and one or more trade unions consisting of workmen in such industry, then, if the Minister considers that those parties are sufficiently representative—

(a) of the employers and the workmen; or

(b) of a class of employers and a class of workmen; or

(c) of the employers and a class of workmen; or

(d) of a class of employers and the workmen;

in such industry in such district, or in such industry in Sri Lanka, he may make an order under subsection (2) in respect of every employer, or of every employer of such class of employers, in such industry in such district or in such industry in Sri Lanka, on whom such agreement is not binding as provided in section 8.

[S 10(1) subs by s 2 of Act 14 of 1957.]

(2) In accordance with the provisions of subsection (1), the Minister may, in respect of any industry to which any such collective agreement as is referred to in subsection (1) relates, make an order that every employer, or every employer of any class, in such industry in any district or in Sri Lanka, on whom that agreement is not binding as provided in section 8, shall observe either the terms and conditions set out in that agreement (hereinafter referred to as the "recognised terms and conditions”) or terms and conditions which are not less favourable than the recognised terms and conditions.

[S 10(2) subs by s 2 of Act 14 of 1957.]

(3) Every order under subsection (2) shall be published in the Gazette and in one Sinhala newspaper, one Tamil newspaper and one English newspaper, and shall, upon such publication, have the force of law.

[S 10(3) subs by s 2 of Act 14 of 1957.]

(4) Before an order under subsection (2) is made—

(a) the Commissioner shall cause a notice of the intention of the Minister to make such order to be published in the Gazette and in one Sinhala newspaper, one Tamil newspaper and one English newspaper, and such notice shall specify a date on or before which objections to the proposed order may be made in writing to the Commissioner; and

(b) the objections received by the Commissioner shall be submitted by him with his observations thereon to the Minister for consideration.

[S 10(4) ins by s 2 of Act 14 of 1957.]

(5) The Minister shall consider all objections to the proposed order and may either not make the order, or make the order with or without any limitation as to its applicability.

[S 10(5) ins by s 2 of Act 14 of 1957.]

(6) A party to any such collective agreement as is referred to in subsection (1) may make an application in writing to the Commissioner for the making of an order under subsection (2)
in respect of that agreement.

[S 10(6) ins by s 2 of Act 14 of 1957.]

(7) An order made under subsection (2) may be rescinded if the Minister considers it necessary.

[S 10(7) ins by s 2 of Act 14 of 1957.]

(8) An order made under subsection(2) shall cease to be in force when the collective agreement to which it relates ceases to be in force as provided in section 7.

[S 10(8) ins by s 2 of Act 14 of 1957.]

(9) If any question arises as to the nature, scope or effect of the recognised terms and conditions in any industry in any district or in Sri Lanka or as to whether an employer is observing the recognised terms and conditions or is observing terms and conditions which are not less favourable than the recognised terms and conditions, that question shall be decided by the Commissioner, subject to an appeal within the prescribed time and in the prescribed manner to the Industrial Court, and the decision of that court on that question shall be final.

[S 10(9) ins by s 2 of Act 14 of 1957.]

(10) An extract from the Gazette containing an order made under subsection (2) or a notice of the intention to make an order under that subsection and purporting to have been printed by the Government Printer, or a copy of such order or notice purporting to have been certified to be a true copy by the Commissioner may be produced in any court in proof of such order or notice.

[S 10(10) ins by s 2 of Act 14 of 1957.]

10A. Interpretation of collective agreements.

If any question arises as to the interpretation of any collective agreement, any party to such agreement may, in the absence of any provision in that agreement as to who should interpret such question, refer such question for decision to the Commissioner and the Commissioner shall decide such question.

[S 10A ins by s 7 of Act 62 of 1957.]

10B. Duty of employer bound by a collective agreement to exhibit notice containing provisions of the agreement.

Every employer who is bound by a collective agreement shall keep exhibited conspicuously in the place where the industry to which that agreement relates is carried on a notice setting out the provisions of that agreement in the Sinhala, Tamil and English languages.

[S 10B ins by s 7 of Act 62 of 1957.]

(B) SETTLEMENT BY CONCILIATION

11. Duties and powers of the Commissioner or an authorised officer for purposes of conciliation and time-limit for conclusion of investigations into Industrial Disputes.

(1) Where, in accordance with the provisions of section 3, the Commissioner himself endeavours to settle an industrial dispute by conciliation or an industrial dispute is referred to an authorised officer for such settlement, it shall be the duty of the Commissioner or that officer to endeavour to effect a settlement after such investigation as he may consider necessary of the matters in dispute; and for the purpose aforesaid it shall be lawful for him to take all such steps as
he may deem fit for inducing the parties to the dispute to come to a fair and amicable settlement of the dispute.

(2) Subject to such regulations as may be made under section 39(1)(f) of this Act in respect of procedure, the Commissioner or an authorised officer conducting an investigation into an industrial dispute under this Part may lay down the procedure to be observed by him in the conduct of such investigation.

[S 11(2) am by s 8 of Act 62 of 1957.]

(3) Every investigation for the purpose of settling an industrial dispute by conciliation shall be concluded within one month after the commencement of such investigation:

Provided that the Commissioner may extend, the period within which such investigation shall be concluded.

[S 11(3) ins by s 8 of Act 62 of 1957.]

12. Memorandum of settlement report relating to the dispute.

(1) If the Commissioner or an authorised officer succeeds in settling an industrial dispute, a memorandum setting out the terms of settlement shall be drawn up by the Commissioner or the officer and shall be signed by both the parties to the dispute or by the representatives of each party thereto.

(2) Reference shall be made in every memorandum of settlement drawn up under subsection (1) to the parties and trade unions to which, and employers and workmen to whom, such memorandum relates.

(3) Where the dispute has been settled by an authorised officer, he shall transmit forthwith to the Commissioner the memorandum setting out the terms of settlement.

(4) Where the Commissioner or an authorised officer after endeavouring to effect a settlement of an industrial dispute, fails to effect such a settlement, such Commissioner or such officer shall, at the close of his investigation, prepare a full report regarding the dispute and shall set out in such report the steps taken by him for its investigation and settlement, and his recommendation for the settlement of the dispute. In the settlement recommended reference shall be made to the parties and trade unions to which, and the employers and workmen to whom, such settlement relates.

[S 12(4) am by s 4 of Act 25 of 1956.]

(5) Where a report has been prepared by an authorised officer under subsection (4), he shall forthwith transmit such report to the Commissioner.

(6) The Commissioner shall forthwith cause to be published in the Gazette every memorandum of settlement relating to an industrial dispute which in his opinion is a major dispute.

[S 12(6) am by s 4 of Act 25 of 1956.]

(7) —

(a) Where a report is prepared under subsection (4), then, if in endeavouring to settle the industrial dispute to which that report relates the officer who prepared that report had not submitted his recommendation for the settlement of that dispute to both the parties or to the representatives of both the parties to that dispute for their consideration, the Commissioner shall transmit a copy of that report to such parties or representatives and shall require them to state in writing to him, within fourteen days after such date as he shall specify in that behalf, whether they accept or reject the settlement recommended in that report. If no reply is received from such parties or representatives within the aforesaid fourteen days, such settlement shall be deemed to be accepted by them.

(b) Where the recommended settlement referred to in paragraph (a) of this subsection is accepted or is deemed under that paragraph to be accepted by both the parties to the industrial dispute to which that settlement relates or by their representatives—

(i) the Commissioner shall cause to be published in the Gazette the report in which that settlement is set out and the statement of acceptance made by such parties or representatives or, if the acceptance is deemed under the aforesaid paragraph (a), a statement by the Commissioner that the acceptance is so deemed, and

(ii) that settlement shall have effect as though it were a settlement signed by both the parties to the industrial dispute to which that settlement relates or by their representatives, and accordingly section 13 shall apply to the report in which that settlement is set out as though that report were a memorandum of settlement, and section 14 shall apply to that settlement as though the reference in that section to section 12(2) were a reference to section 12(4).

(c) Where the recommended settlement referred to in paragraph (a) of this subsection is neither accepted nor deemed under that paragraph to be accepted by both the parties to the industrial dispute to which such settlement relates or by their representatives, then, if the Commissioner is of the opinion that such report should be published, the Commissioner shall cause such report to be published in the Gazette together with a statement that the settlement recommended in such report has neither been accepted nor deemed under paragraph (a) of this subsection to be accepted by such parties or representatives.

[S 12(7) am by s 4 of Act 25 of 1956.]

13. Date on which a settlement comes into force and its duration.

(1) Every memorandum of settlement which has been published in the Gazette under section 12(6) shall come into force on the date of its publication in the Gazette or on such date, if any, as may be specified in that behalf in the memorandum. Every memorandum of settlement which has not been published in the Gazette under that section shall come into force on the date of the signing of that memorandum by the parties to the dispute or by their representatives or on such date, if any, as may be specified in that behalf in the memorandum.

(2) Where any memorandum of settlement provides that the settlement shall have effect for any period or until any date specified therein, such settlement shall continue in force with effect from the date on which it comes into force as provided in subsection (1), until the end of the period or until the date so specified, unless it ceases earlier to have effect as provided in section 15.

(3) Where no period or date is specified in any memorandum as the period during which or the date until which the settlement shall have effect, the settlement shall continue in force with effect from the date on which it comes into force as provided in subsection (1) until it ceases to have effect as provided in section 15.

14. Effect of a settlement.

Every settlement which is for the time being in force shall, for the purposes of this Act, be binding on the parties, trade unions, employers and workmen referred to in that settlement in accordance with the provisions of section 12(2); and the terms of the settlement shall be implied terms in the contract of employment between the employers and workmen bound by the settlement.

15. Termination of settlement.

(1) Any party, trade union, employer or workman, bound by a settlement under this Act, may repudiate the settlement by written notice in the prescribed form sent to the Commissioner and to every other party, trade union, employer and workman bound by the settlement:

Provided that—

(a) it shall not be necessary for any employer or any workman who is a member of a trade union which is, or is included in, a party bound by the settlement to be so notified independently of his trade union; and

(b) any employer or workman, who is a member of a trade union which is, or is included in, a party bound by the settlement, shall not be entitled to repudiate the settlement independently of such trade union, and any notice of repudiation given independently by any such employer or workman shall not be a valid notice for the purposes of this Act.

(2) Where a valid notice of repudiation of a settlement is received by the Commissioner, then, subject as hereinafter provided—

(a) the settlement to which such notice relates shall terminate and cease to have effect upon the expiration
of the month immediately succeeding the month in which the notice is so received by the Commissioner;

(b) the Commissioner shall cause the notice of repudiation to be published in the Gazette, together with a declaration as to the time at which the settlement shall terminate as provided in paragraph (a):

Provided, however, that where valid notice of repudiation of any settlement is given by one or some only, but not all, of the trade unions, employers or workmen included in a party to the settlement, such settlement shall cease to have effect only in relation to each trade union, employer or workman giving such notice and to the members of any such union, but shall otherwise continue in force and have effect accordingly.

(C) SETTLEMENT BY ARBITRATION

15A. Interpretation of expression "arbitrator”.

In the succeeding provisions of this Act, the expression "arbitrator” includes a labour tribunal.

[S 15A ins by s 9 of Act 62 of 1957.]

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