Page 316 - DMGT516_LABOUR_LEGISLATIONS

Unit 13: Wage Legislation

2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as Notes
may be prescribed.
3) If any question arises as to whether two or more works are of the same nature or of a
similar nature, it shall be decided by the authority appointed under sub- section (1).
4) Where a complaint or claim is made to the authority appointed under sub-section (1), it
may direct, after giving the application and the employer and opportunity of being heard,
and after and such inquiry as it may consider necessary:
a) in the case of a claim arising out of non-payment of wages at equal rates to men and
women workers for the same work or work of a similar nature that payment be
made to the worker of the amount by which the wages payable to him exceed the
amount actually paid.
b) in the case of complaint, the adequate steps be taken by the employer so as to ensure
that there is no contravention of any provision of this Act.
5) Every authority appointed under sub-section (1) shall have all the powers of a civil court
under the Code of Civil Procedure 1978 (5 of 1908), for the purpose of taking evidence and
of enforcing the attendance of witnesses and compelling the production of documents,
and every such authority shall be deemed to be a civil court for all the purposes of Sec. 195
and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
6) Any employer or worker aggrieved by any order made by an authority appointed under
sub-section (1), on a complaint or claim may within thirty days from the date of the order,
prefer an appeal to such authority as the appropriate Government may, by notification,
specify in this behalf, and that authority may, after bearing the appeal, confirm, modify or
reverse the order appealed against and no further appeal, confirm, modify or reverse the
order appealed against and no further appeal, shall lie against the order made by such
authority.
7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the period specified in
sub-section (6), allow the appeal to be preferred within a further period of thirty days but
not thereafter.
8) The provision of sub-section (1) of sec. 33-C of the Industrial Disputes Act, 1947 (14 of
1947), shall apply for the recovery of monies due an employer arising out of the decision
of an authority appointed under this section. (Section 7).
9) Duty of employer to maintain registers: On and from the commencement of this Act,
every employer shall maintain such registers and other documents in relation to the
workers employed by him as may be prescribed. (Section 8).

10) Inspectors
a) The appropriate Government may, by notification, appoint such persons as it may
think fit to be Inspectors for the purpose of making an investigation as to whether
the provisions of this Act, or the rules made thereunder, are being complied with by
employers, and may define the local limits within which an Inspector may make
such investigation.
b) Every Inspector shall be deemed to be a public servant within the meaning of Sec. 21
of the Indian Penal Code (45 of 1860). (Section 9).

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