Page 293 - DMGT516_LABOUR_LEGISLATIONS
P. 293

Labour Legislations




                    Notes              c)   Dock. wharf, or jetty;
                                       d)   Inland vessel mechanically propelled;
                                       e)   Mine, quarry or oil field;
                                       f)   Plantation;

                                       g)   Workshop or  other establishments, in which  articles are produced, adopted.  or
                                            manufactured with a view to their use, transport or sale;
                                       h)   Establishment in  which any  work relating to the construction, development or
                                            maintenance of building,  roads, bridges or canals or relating to transmission,  or
                                            distribution of electricity, or any other form of power is being carried on;

                                       i)   Any other establishment or class of establishment which the Central Government
                                            or a State Government may have with regard to the need for protection of persons
                                            employed therein and other relevant circumstances, specified by notification in the
                                            Official Gazette.
                                   4.  Wages:  “Wages” means all remuneration (whether by way of salary, allowances, otherwise)
                                       expressed in terms of money or capable of being expressed which would, if the terms of
                                       employment, expressed or implied are fulfilled, be payable to persons employed in his
                                       employment or of work done in such employment.
                                       The definition of “wages” is made sufficiently wide by including within the expression:
                                       a)   any remuneration payable under award or settlement between parties or order  of
                                            a court;
                                       b)   any additional remuneration under  the terms  of employment (whether called a
                                            bonus or by any other name);
                                       c)   any remuneration to which the person employed is entitled in respect of overtime
                                            work or holiday or any leave period.

                                       d)   any sum which by reason of termination of employment of the person employed is
                                            liable under any other law, contract or instrument which provides for the payment
                                            of such sum whether with or without deductions, but does not provide for the time
                                            within which the payment has to made;
                                       e)   any sum to which the person employed is entitled under any other scheme framed
                                            under any law for the time being in force.
                                   The amount of bonus payable under the Payment of Bonus Act, 1965, the amount of retrenchment
                                   compensation payable, and a sum payable to the employee on the termination of his service
                                   under the Industrial Disputes Act, 1947, are wages as defined under this Act. The amount of
                                   Gratuity payable under the terms of any award is also covered by this Act.
                                   The expression “Wages” does not include:
                                   1.  The Bonus declared voluntarily on the basis of profits, and the bonus (whether under a
                                       scheme of profit  sharing or otherwise) which  does not form part  of the  remuneration
                                       payable under the terms of employment, or which is not payable under any award or
                                       settlement between the parties or order of a Court;
                                   2.  The value of any house accommodation, of the supply of water, light, medical attendance,
                                       or other amenity or any service excluded from the computation of  wages by a general or
                                       specific order of the State Government;






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