Saviour of the working class

Labour Tribunal turns fifty on April 4:

Bertram FERNANDO

The golden jubilee of Labour Tribunal will be held at Sri Lanka Foundation Institute, Colombo on April 4.

Unfair labour practice, extortion of hard labour by powerful employers led to formation of trade unions in the early 1930s

Owing to unfair labour practice and extortion of hard labour by powerful employers led to formation of trade unions in the early 1930s. At times hard labour was engaged with no remuneration at all. Even today this phenomenon frequently occurs in society. The trade unions persuaded the then government which was in power in 1950s to enact several labour laws and regulations in order to promote industrial peace among the employers and employees.

Prior to the establishment of Labour Tribunals on May 2, 1959 when the services of employees employed in many business establishments were terminated, the workers had the habit of resorting to trade union actions, such as launching strikes, go slow, work-to-rule, protests in and outside workplaces and also bringing productions below the expected target of the employer. This mode of reactions would undoubtedly affect country's economy and disrupt industrial peace at the work place. At the same time the worker who is deprived of his career definitely would encounter many domestic difficulties such as children's education, family upkeep and other liabilities.

Relief

The government drew attention to this situation and established Labour Tribunals on May 2 1959, with the intention of resolving industrial disputes. This brought a big relief to entire business community. Today there are 36 Labour Tribunals (including circuits) in the country performing a valuable and vital service to both employers and employees. When the services of a worker in the private sector, State corporation or statutory board is terminated he/she or the relevant union on behalf of its member could file an application (Form D) in the Labour Tribunal in terms of Industrial Dispute Act No. 43, 1950 under Section 31B (Regulation No. 15) in order to seek relief for loss of his/her career.The learned President of relevant Labour Tribunal would make inquiries into the merits and demerits of the reasons that led to the termination of the services. At the conclusion of the case the President would deliver just and equitable order. In the event a party is not satisfied or agreeable with the President's order, one has the right to appeal against the order to a higher judicial forum, the Provincial High Court. In the case of a casual or temporary employee he would be in a position to seek compensation for the loss of his career but not in lieu of reinstatement. The Labour Tribunals were established not only to award relief to workers, but also to mete out justice impartially. If the number of workers in an organisation is less than 15, one could seek payment of gratuity from the Labour Tribunal. Further if the employer intends to recover any loan taken from the employer from payment of gratuity that dispute too could be dealt by Labour Tribunal.

Since April 1972 Labour Tribunals are administered by the Ministry of Justice whereas Labour Department is administered by the Ministry of Labour.

An employee or relevant union on behalf of its member has the right to go before Labour Tribunal within three months of his termination. (In the event Labour Tribunal application is filed by the relevant union the President or General Secretary of that union has to place his signature in the application)

Application

It should be filed in the Labour Tribunal with jurisdiction over his last working place. For instance if the worker's last working place is in Colombo and the resides in Kandy he/she cannot go before the Kandy Labour Tribunal. He/she must file the application in the relevant Labour Tribunal in Colombo. Most of the workers are unaware of this requirement. Labour Tribunal application has to be filed in duplicate within three months of his termination. It is also very important to enter the party's name and address very correctly and clearly. The Assistant Secretary of that Labour Tribunal duly registers the application and calls for the answers of the respondent employer within three days.

In the answer the date of commencement of work, reasons for termination, date of termination, position, last drawn salary of the worker has to be mentioned. The answer has to be in duplicate and sent to Labour Tribunal within 30 days from the date of receipt of copy of the application. Thereafter the applicant has to file the replication in duplicate within 21 days on receipt of a copy of the answer of the respondent. The President then directs his Assistant Secretary to call parties for inquiry.

On the very first day said dispute could be settled monetarily or otherwise the President of relevant Labour Tribunal would certainly assist to bring about an amicable settlement. In the event there is no settlement learned President shall hear both parties and all such evidence as the Labour Tribunal may consider necessary and thereafter deliver just and equitable order. Undoubtedly Labour Tribunal President would be happy to see parties leave the Tribunal in peace and harmony with no friction of dispute among them. In fact this is what litigants and public expect from Courts. It is certainly the devout duty of a Labour Tribunal.

We at this stage take this opportunity to thank incumbent Presidents and ex-presidents of Labour Tribunals who rendered and who are rendering yeomen and valuable service at present solving industrial disputes in our country. May the Labour Tribunal serve to pave the way to preserve the rights of employer/employee and general public as well.

At present the organising committee appointed by the Labour Tribunal Practitioners Association is working hard to make this celebration a success. The organising committee has already invited Chief Justice, Sarath N. Silva as the chief guest Ministers and Members of Parliament, Secretaries of Ministries, Attorney General, Commissioner General of Labour, Director of I.L.O. (S.L. Branch) several lawyers and distinguished guests will be present to mark this occasion on April 4, 2009 at 9.00 a.m. at Sri Lanka Foundation Institute, Colombo.