Industrial Disputes (Special Provisions) act

Arrangement of Sections

1. Short title.

2. Validation of appointments of Presidents of Labour Tribunals.

3. Special provisions applicable to certain rejected or dismissed applications.

4. Special provisions relating to Industrial Court Panels, Industrial Courts, and references made to such courts.

5. Special provisions relating to appointments and nominations of Arbitrators, and references made to such Arbitrators.

6. Special provisions relating to certain relevant decisions of the Supreme Court in respect of orders of Labour Tribunals.

7. Special provisions relating to certain relevant decisions of the Supreme Court in respect of awards of Arbitrators, Labour Tribunals and Industrial Courts.

8. Special provisions relating to certain actions under the principal Act.

9. This Act to prevail in the event of any conflict or inconsistency with the principal Act or any other written law.

10. The provisions of this Act to be regarded as amendments to the Ceylon (Constitution) Order in Council, 1946.

11. Interpretation.

37 of 1968.

AN ACT to provide for the removal of certain difficulties in the settlement of Industrial Disputes and other matters under the Industrial Disputes Act which have arisen in consequence of decisions made by the supreme court and decisions made on appeal to her majesty in council, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 14th September, 1968]

1. Short title.

This Act may be cited as the Industrial Disputes (Special Provisions) Act.

2. Validation of appointments of Presidents of Labour Tribunals.

(1) Every president of a Labour Tribunal shall be appointed by the Public Service Commission and, subject to the provisions of sub-section (2), every president of a Labour Tribunal appointed by the Judicial Service Commission to the relevant date shall be deemed to have been, and to be. validly appointed by the Public Service Commission.

(2) Nothing in sub-section (1) shall be deemed or construed to validate any order of any Labour Tribunal which was subsequently quashed by any relevant decision of the Supreme Court on appeal or on application by way of writ:

Provided, however, that nothing in the preceding provisions of this sub-section shall be deemed or construed to preclude or prevent such appeal or application by way of writ from being entertained, heard and decided de novo by the Supreme Court, as hereafter provided in this Act.

3. Special provisions applicable to certain rejected or dismissed applications.

Where a Labour Tribunal had made order, before the relevant date, rejecting or dismissing any application on the ground that such application had been made at a time when the president of such tribunal had been appointed by the Public Service Commission, such order of such tribunal shall be deemed to have been, and to be, null and void and such tribunal is hereby empowered, authorised and required, and shall have jurisdiction, to entertain, hear and determine such application de novo under the principal Act.

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