005-NLR-NLR-V-73-Mrs.-N.-E.-BROHIER-Appellant-and-W.-P.-MUNIDASA-Respondent.pdf
Brohicr c. Jli unidasa
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1968Present: Siriraane, J.
Mrs. N. E. BROHIER, Appellant, and W. P. MUNIDASA,Respondent
S. C. 88/GS—Labour Tribunal, 0/3642
Industrial Disputes Act (Cap. 131)—Section 31 C—Duty of Tribunal to restrict itsorder according to.the ccidtncc led.
Under section 31 C of the Industrial Disputes Act, a Labour Tribunal mustmake its order on the evidence led and must not go beyond the ovidence.Accordingly, whero a workman states in his evidence that his application is forsalary for a certain number of months for wrongful dismissal, there is nojustification for tho Tribunal to order the employer to pay salary' for n certainperiod for loss of career.
.A.PPEAL against an order of a Labour Tribunal.
P.N. Wihramanayake, for the respondent-appellant.
No appearance for the applicant-respondent.
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SIRIMAXE, J.—Brohicr a. ytunidasa
December 15, 196S. Sibeuane, J.—
This is an appeal by an employer against the order of a Labour Tribunalordering the emploj'er to pay 6 months’ salary to a workman for loss ofcareer. Though the workman in his petition asked for reinstatement,compensation, and backwages, he abandoned these claims at the hearing,and giving evidence before the Tribunal said, “ 3Iv application is that Ibe paid 3 months’ salary for wrongful dismissal He did not claim anysum of money for loss of career and that matter was never in issue beforethe Tribunal. Under section 31 (C) of the Industrial Disputes Act(Chapter 131), a Tribunal must hear evidence and thereafter make anorder which is just and equitable. But the order must be made on theevidence led. On the evidence led in this case by the workman himselfthere was no justification for ordering 6 months’ salary for loss of career.In making this order the learned President has not acted judicially. Hehas, on the other hand, acted contrary to the evidence in the case. Iwould therefore vary the order by granting the workman all that heclaimed in evidence, namely, 3 months’ salary for wrongful dismissal,that is, a sum of Rs. 150.
Order varied.
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