Page 281 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Who may apply?

Where an employee has any claim, any of the following may apply to the authority for hearing
and deciding the case:
i) The employee himself; or

ii) Any legal practitioner;
iii) Any official of a registered trade union, authorised in writing to act on his behalf;
iv) Any Inspector; or
v) Any person acting with the permission of the authority (Sec. 20 (2)).

Every such application under Sec. 20 shall be presented within six months from the date of which
the minimum wages and other amounts become payable. It may be admitted after six months,
when the applicant satisfies the authority that he had sufficient cause for not making the application
within such period.
Amount of compensation: When an application is entertained, the authority shall hear the
applicant and the employer, or give them opportunity to be heard. After such further enquiry,
if any, as it may consider necessary, may direct, without prejudice to any other penalty to which
employer may be liable under this Act.
i) in the case of claim arising out of payment of less than the minimum rates of wages,
payment to the employee of the amount by which the minimum wages payable to him
exceed the amount actually paid, together with the payment of such compensation as the
authority may think fit not exceeding ten times the amount of such excess.
ii) in any other case, the payment of the amount due to the employee, together with the
payment of such compensation as the authority may think fit, not exceeding ten rupees.
The authority may direct payment of such compensation in cases where the excess or the
amount due, is paid by the employer to the employee before the disposal of the application.

iii) if the authority is satisfied while hearing the application that it was either malicious or
vexatious, it may direct the applicant to pay to the employer a penalty not exceeding 50.
iv) any amount directed to be paid under Sec. 20 may be recovered by the authority as if it
were a fine imposed by the authority as a Magistrate.
v) every direction of the authority under Sec. 20 shall be final.
vi) the authority shall have all powers of the Civil Court under the Code of Civil Procedure,
1908 for the purpose of taking evidence, enforcing the attendance of witnesses, and
compelling the production of documents.

Single Application of a Number of Employees (Sec. 21)

A single application may be presented on behalf of or in respect of any number of employees in
the scheduled employment in respect of which minimum rates of wages have been fixed. In such
cases, maximum compensation which may be awarded shall not exceed ten times the aggregate
amount of such excess or ten rupees per head, as the case may be.
The authority may deal with any number of separate pending applications presented in respect
of employees in the scheduled employments as a single application and the provision of Sec. 20
(i) shall apply accordingly.

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