Page 305 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes d) could have been recovered by an application under Section 15;
e) where an application has been presented after a period of twelve months from the date on
which the deduction from the wages was made or from the date on which the payment of
the wages was due to be made, as the case may be without any sufficient cause.
The provisions of the Act and rules made under it do not bar a civil suit for recovery of arrears
payable to a workman whose dismissal has been set aside.

Protection (Sec. 22-A)

No suit, prosecution or other legal proceeding shall be against the Government or any officer or
the Government for anything which is in good faith done or intended to be done under the Act.

Contracting Out (Sec. 23)

Any contract or agreement whereby an employed person relinquishes any right conferred by
the Act shall be null and void in so far as it purports to deprive him of such right.
Application of Act (Sec. 24)

In relation to railways, air transport services, mines and oil fields, the powers conferred upon
the State Government by the Act shall be powers of the Central Government.

Display of Notice (Sec. 25)

The person responsible for the payment of wages to persons employed in a factory or an
industrial or other establishment shall cause to be displayed a notice containing such abstracts
of the Act and of the rules made thereunder in English and in the language of the majority of the
persons employed in the factory or an industrial or other establishment, as may be prescribed.
Payment of Wages in Case of Death

In case of death of an employed person or in case of his whereabouts not being known, all
amounts payable to him as wages, shall:
a) be paid to the persons nominated by him in this behalf in accordance with the rules made
under the Act;
b) be deposited with the prescribed authority;
i) where no nomination has been made, or

ii) where for any reasons such amounts cannot be paid to the person nominated.
The prescribed authority shall deal with the amounts deposited in the prescribed manner.
Where the amounts payable by an employer as wages are disposed of in the manner
referred to above, the employer shall be discharged of his liability to pay those wages. (Section
25-A).

Power to make Rules

The State Government is empowered to make rules to regulate the procedure to be followed by
Authorities and Courts. The State Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect provisions of the Act.

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