Page 283 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Undisbursed amount due to employees (Sec. 22 D): All amounts payable by an employer to an
employee as the amount of minimum wages or otherwise due to employee under the Act shall
be deposited with the prescribed authority, if such amounts could not be paid.
i) on account of his death before payment or
ii) on account of his whereabouts not being known.
The prescribed authority shall deal with the money so deposited in such manner as may be
prescribed.

Protection against Attachment of Assets of Employer with Government (Sec. 22 E)

Any amount deposited with the appropriate government by an employer to secure the due
performance of a contract with that Government and any other amount due to such employer
from that Government in respect of such contract shall not be liable to attachment under any
decree or order of any court in respect of any debt or liability incurred by the employer other
than any debt or liability incurred by the employer toward any employee employed in connection
with the contract aforesaid.

Exemptions

Exemption of Employer (Sec. 23): Where an employer is charged with an offence under this Act,
he shall be excused from liability, if he can show that some other person was responsible for the
offence and that:

i) he had used due diligence to enforce the execution of the Act, and
ii) the said other person committed the offence in question without his knowledge, consent
or connivance.

In such a case, the other person shall be convicted of the offence and shall be liable to the like
punishment as if he were the employer, and the employer shall be discharged.
In seeking to prove as aforesaid, the employer may be examined on oath, and the evidence of the
employer or his witness, if any, shall be subject to cross-examination by or on behalf of the
person whom the employer charges as the actual offender and by the prosecution.

Bar on Suits (Sec. 24)

No court shall entertain any suit for the recovery of wages in so far as the sum so claimed:

i) forms the subject of an application under Sec. 20, which has been presented by or on behalf
of the plaintiff; or
ii) has formed the subject of a direction under that section in favour of the plaintiff; or

iii) has been adjudged in any proceeding under that section not to be due to the plaintiff; or
iv) could have been recovered by an application under that section.

Contracting out (Sec. 25)

Any contract or agreement whether made before or after the commencement of this Act, whereby
an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege
or concession accruing to him under this Act, shall be null and void in so far as it purports to
reduce the minimum rate of wages fixed under this Act.

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