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THE

PAYMENT OF

WAGES ACT,

INTRODUCTION

• (^) 23rd April 1936
• (^) a fixed regular payment earned for work or services,
• (^) This Act was passed to regulate the payment of wages for certain classes of persons employed in industry.
• (^) The Act extends to whole of India under section 1(2).
• (^) It also provides against irregularities in payment of wages and unauthorized deductions there form by the employers.
• (^) 26 SECTIONS

APPLICABLITY OF THE ACT- SECTION

• (^) to persons employed in any factory, to persons employed otherwise than in a factory upon any railway by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment specified.
• (^) THE STATE GOVERNMENT CAN EXTEND THE APPLICABLITY BY NOTIFICING IN THE OFFICIAL GAZETTE BEFORE 3 MONTHS

AUTHORITIES UNDER THIS ACT

• (^) Inspector of factories also inspector under this act- sec 14
• (^) Appointment of a person to hear claims for deductions, late payment- sec 15
• (^) That Person can be-  commissioner for workers compensation  Regional or assistant labor commissioner  Presiding officer of labor court or industrial tribunal The state government may appoint an authority for the purpose of this act. Every authority shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860 [Section 14(5)].

POWERS OF THE INSPECTORS-

SECTION 14

• (^) examination and inquiry as he thinks fit
• (^) inspect and search any premises of any railway, factory or Industrial or other establishment at any reasonable time
• (^) supervise the payment of wages to employees
• (^) seize or take copies of such registers or documents
• (^) exercise such other powers as may be prescribed
• (^) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code

SECTION 14A- Facilities to be

afforded to Inspectors

• (^) -Every employer shall afford an Inspector all reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this Act
• (^) Each employer will bear the cost of an Inspector every sensible office for making any entry, review, supervision, assessment or request under this Act.

HOW TO APPLY TO THE

AUTHORITIES

• (^) person himself
• (^) or any legal practitioner
• (^) or any official of a registered trade union authorised in writing to act on his behalf,
• (^) or any Inspector under this Act,
• (^) or any other person acting with the permission of the authority appointed
• (^) APPLICATION SHOULD BE MADE BEFORE 12 MONTHS OF THE PROBLEM ARISING OUT OF THE DEDUCTIONS

SECTION 18- Powers of authorities

appointed under Section 15

• (^) Every authority appointed under Section 15(1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908
• (^) the purpose of taking evidence and
• (^) of enforcing the attendance of witnesses and
• (^) compelling the production of documents, and every such authority shall be deemed to be a Civil Court under CPC, 1908

APPEALS- SECTION 17

• (^) An appeal against an order dismissing either wholly or

in part an application made be preferred within 30

days of the date on which the order or direction was

made by the authorities

• (^) APPEAL TO THE DISTRICT COURT AND THE COURT OF

SMALL CAUSES

WHEN CAN THE AGGREIVED

PERSON APPEAL?

• (^) If the application dismissed by above authorities
• (^) If the amount exceeding 25/- rupees withheld by the employer to single unpaid employee
• (^) 50/- in case of many unpaid employees