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SH INDUSTRIAL 4 2023.02.03 Termination of Employment of Workmen Act, 71 ENG
SH INDUSTRIAL 4 2023.02.03 Termination of Employment of Workmen Act, 71 ENG
45 of 1971
Under the Common Law, employers have the power to employ and terminate
employees whenever they want. But because of this power, there is no job security for
the employees.
Section 2(1)
As per the provisions of this section, no employer shall terminate the scheduled
employment of any workman without,
As per the section 2(4), any termination of the employment on any ground other than
the disciplinary termination is governed by this act.
The Act is not applicable where the factory and headquarters were destroyed.
The order given by The Commissioner on above matters final and it cannot be
questioned. As well as no writ applications are made against that order of The
Commission.
[By- Sheran Dewapriya Hettiarachchi]
Section 5-
Termination in contravention of the provisions of this Act, shall be illegal, null and
void, and accordingly shall be no effect whatsoever.
In that situation, an application to The Commissioner for relief should be made within
6 months of the termination.
Section 6-
In the event where an employer failures to pay compensations to the workman, the
workman can proceed to the Magistrate court and take the compensation with an order
of the court.
Wikremasinghe v. Nethasinghe
In the present, a workman who had made an application to The Commissioner for
relief, can make an application to the labour tribunal.
[By- Sheran Dewapriya Hettiarachchi]
Termination of Employment of Workmen (Amendment) (Special Provisions) Act
No. 51 of 1988.
Section 6 B(2)-
A workman, who applied for the relief under this Act, can apply for any other legal
remedy. That is, the workman can make an application to a labour tribunal for relief.
It was decided by a 3 bench that If a workman is not satisfied with an order made by
The Commissioner, he can make an application to the labour tribunal.
Attorney-at-Law,
MA(Political)-Kelaniya
MA (ug)- Colombo