Abstract:
Chapter 1 traces the origin of the just and equitable concept and its emergence in
industrial law. The meaning of the phrase 'just and equitable' in the context of Industrial
Disputes Act of Sri Lanka is also discussed in this chapter.
Chapter 2 deals with the just and equitable concept in contract of employment. This
chapter explains that the Labour Courts directly or indirectly apply the just and equitable
concept to the facts and circumstances of each case that falls in the twilight area in
making an equitable decision on the question whether a contract of service arises, and if it
does so, in deciding under what type of employment it comes. Further, this chapter
explains how the Labour Courts which are not fettered by the unjust and inequitable
terms of the contract of employment, embody the just and equitable concept directly by
making just and equitable decisions and indirectly by discouraging the parties from
including unjust and inequitable terms in the contracts of employment. This chapter also
explains how the powers of the Labour Courts differ from other Courts in the light of the
terms of contracts.
In chapter 3, the mechanism for the settlement of industrial disputes and the just and
equitable concept is analysed. It explains that the just and equitable concept is expressly
embodied in the provisions that deal with the settlement of industrial disputes and this
impliedly incorporates the just and equitable concept into the sphere of industrial law by
discouraging the parties from making unjust and inequitable demands and denying just
and equitable demands unjustly and inequitably.
Chapter 4, explains that the reliefs provided by the Industrial Disputes Act per se
equitable reliefs and that the Labour Courts apply the just and equitable concept to the
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facts and circumstances of each case in deciding the appropriate reliefs and the quantum
of such reliefs.
Chapter 5 deals with the legal framework established by the judicial decisions for the
exercise of discretion in making just and equitable decisions.
Chapter 6 is the concluding chapter and in this chapter, suggestions are made to enhance
the effectiveness of the just and equitable settlement of industrial disputes
