Page 301 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes employer or other person responsible for the payment of wages in case where the application
ought not to have been compelled to seek redress under the Act (Sec. 15 (4)).
Where there is any dispute as to the person or persons being the legal representative or
representatives of the employer or of the employed person, the decision of the authority on such
dispute shall be final (Sec. 15 (4A)).

Any inquiry under this section shall be deemed to be judicial proceeding within the meaning of
Sections 193, 219 and 228 of the Indian Penal Code (Sec. 15 (4B)).

Recovery of Amount

An amount directed to be paid under Sec. 15 may be recovered,
a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by him as a
Magistrate, and,
b) if the Authority is not a Magistrate, by any Magistrate, to whom the Authority makes
application in this behalf, as if it were a fine imposed by such Magistrate. (Section 15 (5)).
Single Application for same Unpaid Group (Sec. 16)

A single application may be presented under Sec. 15 on behalf of or in respect of any number of
employed persons belonging to the same unpaid group. When a single application is made,
every person on whose behalf such application is presented may be awarded maximum
compensation to the extent specified in Section 15 (3).
Employed persons are said to belong to the same unpaid group if:

a) they are borne on the same establishment, and
b) deductions have been made from their wages in contravention of the Act for the same
cause and during the same wage period or periods, or

c) if their wages for the same wage period or periods have remained unpaid after the day
fixed under Section 5.
The Authority may deal with any number of separate pending applications, presented under
Section 15 in respect of persons belonging to the same unpaid group, as single application.

Appeals

An appeal may be preferred against the following:
1. An order dismissing, either wholly or in part, an application made on the ground that
deductions are made contrary to the Act or payment of wages has been delayed.
2. A direction to refund the amount deducted from wages to the employed person.
3. A direction by the Authority to pay penalty to the employer from making malicious or
vexatious application.
The appeal may be preferred before the Court of Small Causes in case of a Presidency town and
before the District Court in other cases. The appeal must be preferred within 30 days of the date
on which the order or direction was made.
The Court may, if it thinks fit, submit any question of law for the decision of the High Court and,
if it so does, shall decide the question in conformity with such decision. (Section 17)

296 LOVELY PROFESSIONAL UNIVERSITY