Ms.

Brinda Jency John

Introduction

In a country where even living wages are not paid to workers, the need to protect the wages earned by them can hardly be over emphasized , before The Payment Of Wages Act,1936 was passed, evils of withholding ,delays in paying wages & making unreasonable deductions out of wages were quiet prevalent .

The Payment Of Wages Act 1936 was passed to regulate the payment of wages to certain classes of person employed in industry.

Definition:
The Payment of Wages Act 1936 was passed to ensure regular & prompt payment of wages & to prevent unauthorized deductions & arbitrary fines from wages. It also regulates the rate of payment for overtime work. The Act is applicable to persons employed in factories/industrial establishments and drawing less than Rs.1600 p/m.

Applicability :
It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railways by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration, & to persons employed in industrial or other establishment specified. Any factory Mine Quarry or Oil field plantation Air transport service dock Workshop or other establishment

Cardinal Definition:
Act: Payment of Wages Act 1936 Wages: Means all remuneration expressed in terms of money Employed person: Includes a legal representative of a deceased employed person Employer: Includes the legal representative of a deceased employer

Municipal Commissioner: Appointed under the Bombay provincial municipality corporation Act 1947. Section: means section of an Act.

Pay master: means a employer or other person responsible under section 3 for payment of wages. The Authority: Means Authority appointed under subsection

Deductions:
Deduction for Fines Deduction for Absence from duty Deductions for Damage or loss Deductions for Services rendered Deductions for Recovery of advances Deductions for Recovery of loans Deductions for Payment to co operative societies and insurance schemes.

Penalty:

Penalty for delaying payment of wages within the prescribed period or making un authorized deductions. Penalty for not paying wages on a working day or in current coin or not recording fines or not displaying the abstracts of Act Penalty for failure to maintain, furnish records and returns Subsequent offences Additional fine for failure to pay wages by fixed date.

Authorities under this Act:

Inspectors Authority to Hear claims Any commissioner for workmens compensation Any regional Labour commissioner Any assistant Labour commissioner Presiding officer of any Labour court or Industrial Tribunal.

Appeal:

An appeal may be preferred from the following orders or the direction of Authority. An order directing the employer or the person responsible for payment of wages, to refund the deductions wrongfully made or to pay the delayed wages. An order directing to payment of compensation to the employee under section 15(3) An order imposing penalty on the employee or the employer under section 15 (4) An appeal can be made within 30 days of the date on which the order or direction was made before the district court within those jurisdiction the industrial establishment is situated.

Thank You