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MINIMUM WAGES ACT 1948

BACKGROUND:

The minimum wages fixing convention was held in Geneva in 1928 .The resolution of convention was embodied in International Labour
Code .The code emphasized the need of statutory minimum wages to protect the workers against the exploitation by the employers.whitely
commission studied minimum wages in thelight of various convention of ILO.
Though many committees considered the question of minimum wages finally the Indian Labour Conference after a full debate gave shape to the
Minimum wages Bill which was introduced in the Central Legislative assembly in April 1946 reflected the principle incorporated in the ILO
Convention The Act came into force in March 1948 ..
Scope Of Act :

Act empowers both central and state govt 1.to fix min rates of wages for diff employment listed in schedule to the Act
2. The prescribed is the min wage which employer bound to pay
3.To add any employment to schedule after due notification.
4..to Review of rates fixed at intervals not exceeding 5 yrs.
Imp .Note :
Act provided that wages determination not entirely by the market forces .Therefore employer cant plead his inability
Also the equal application of inclusion both to schedule and non-schedule establishment
*Unichoyi vs. State of Kerala

______________________________________________________________________________________________________________________
Constitutional Validity of Act

*Bijay Cotton Mills Vs .State Of Ajmer


Challenged It violates fun.ri8 U/A.19(1)(g);freedom of Trade and goes beyond the reasonable restriction envisaged U/A.19(6).SC held it to be
valid and the act envisaged to to fulfill the constitutional mandate in DIR.Prin of state policy U/A 43 .It is absolutely essential to impose restriction
upon the freedom of contractof the employer &fixg min wage is reasonable regulation which constitution permits.
The fact that employer mi8 find difficult to run a business is irrelevant consideration and not sufficient reason to strike down law itself.
*Hydro.pvt.ltd Vs.Workmen

The poverty of labourer is also a factor to be considered while determining the question whether a particular provision is in the interest of general
public .
*Sanjit Roy Vs.State Of Rajasthan

Any law which provides for wages less than that under the min wages Act is violative of Article 14 and 23 .So sec 1&2 of the Rajasthan Faminine
Relief works Employee Act 1964 Struck down by SC
Chandrabhanu Boarding &lodging ,Banglore Vs. State of Mysore.

If govt ha power tolower the rates as desired by employers it is also competent to fix a higher rate

Sailent Features of Act


1.Fixation of min time rate of : wages , min piece rate , guarantee time rate &overtime rate for diff occupation, localities /class of work and
adults, adolescents,children, apprentices
2.Min rate of wages consist of : Basic rate of wage +cost of living allowance;Basic rate of wage with /w/o cost of living allowance +cash value of
concession with respect of essential commodities supplied at concessional rate ; an all inclusive rate .
3.Payment of min wage : In cash under Act and govt can decide in kind in particular cases . cost of living allowance +cash value of concession
with respect of essential commodities supplied at concessional rate by competent authority by certain levels.
4.Fix:No of workg hrs,provide weekly holidays &payment of overtime wages under the act
5.Maintain :Register and rec in prescribed manner
6.Appointment of Inspector &other authorities to :hear and decide claim for payment of wages less than min rate of wage , remuneration for rest
days+ overtime wages.
______________________________________________________________________________________________________________________
SEC1 =Application : Of the act to employment listed under the schedule listed therein .However approp govt can make exemptions, exceptions
&include other employment not listed in the schedule.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SEC2 =INTERPRETATION
1) APPROPRIATE GOVT - Sec2(b)
Sec2(b) Appropriate govt is central govt in relation to
a. .Scheduled employment carried on by /under authority of central govt
b. Railway admin
c. Mine ,oilfield,major port or any corporation established by the central govt &state govt in relation to other scheduled employment .
*Nagesh Shet Vs.MGMT of IRR canteen
Canteen run by pvt person with permission ,control and supervision of Rly authority cant be said its run under the authority of central Govt and
central Govt has power to fix min wages.
*Sri Kalyana Rama Vs.Govt of India
1st wage fixed by state govt for workers inmica mines .central govt superceded the state govt fixation by notification U/S 2(b)i is competent author.
2) COMPETENT AUTHORITY - Sec2(c)
Authority appointed by appropriate govt by notification in official gazette to ascertain from time to time the cost of living wages applicable to such
employee employed in the scheduled employment .
3) COST OF LIVING INDEX NUMBER Sec2(d)
It means Index ascertained and declared by the competent authority by notification in the official gazette ,to be the cost of living Index number
applicable to employees in scheduled employment .in respect of which ,min rate of wages have been fixed.
*Ahemadabad Mill Owners Assn Vs Textile Labour Assn

Mere change of nomenclature of cost of living index by consumer price index no for working class is only one form and does not affect provision .
4) SCHEDULED EMPLOYMENT - Sec2(g)
Scheduled employment means employment specified in the schedule to the act ,or any process or branch of work forming part of such employment
.
PART I-EMPLOYMENT IN

1.
2.
3.

Woolen carpet making /shawl weaving estd.


Ricemill, flour mill , dal mill ,Oilmill
Tobacco mfg

PART II

1.
2.
3.

Farming inc.cultivation and tillage of soil .


Dairy farming
Production ,cultivation,growing or harvesting of agricultural

4.
5.
6.
7.
8.
9.
10.
11.
12.

Plantation cinchona, rubber , tea or coffee


bauxite
stone breaking or stone crushing
public motor transport
construction and maintainennce of road or building operation .
under local authority
tanneries and leather manufactory
Lac manufactory
Mica works, gypsum mines,barites mines,manganese mines,
china clay mines,fire clay mines, kyanite mines ,
coppermines ,quartenite mines ,quartz mines, silica mines
13. Clay mines and magnesite mines under the mines act 1952

4.
5.

/horticultural commodities
Raising of live stock , bees /poultry
practice by farmer incidental /conjunction with farm
operation .ie forestry /timbering /preparation for market and
delivery

5. EMPLOYER AND EMPLOYEE 2(1)


EMPLOYER

EMPLOYEE 2(1)

Any person who employs one or more


employees ,whether directly or through another person ,or whether
on behalf of himself or any other person in any scheduled
employment in respect of which min wages have been fixed .
Except in subsec (3) of sec 26 employer inc.
i.
In Factory person named U/S(7)(1)(f) of factories act 1948
as manager
ii.
In Schduled employment person/authority appointed by govt
for supervision , and control of employees.if no such
personappointed then chief executive officer of local authority .
iii.
In Schduled employment-Person appointed by authority
supervision , and control of employees.if no such
personappointed then chief executive officer of local authority
iv.
In other case Any person responsible to the owner
supervision , and control of employees./for payment of wages

Any person who is employed for hire or reward to do any work ,


skilled or unskilled ,manual/clerical in a scheduled employment in
respect of which minimum rate of wages have been fixed.
i.
An out worker to whom articles /material are given out by
another person to be made up ,cleaned , washed ,altered
,ornamented ,finished ,repaired ,adapted or otherwise processed
for sale for the purpose of trade /business of that other person
where the process is to be carried out either in home of
outworker/some other premises (which is not under the control
and mgmt of that other person.
ii.
An employee declared to be a employee by appropriate govt
iii.
An employee who has ceased to be an employee on account of
superannuation ,retirement ,removal ,or discharge for purpose
of any claim /offence/penalties
Not inc- member of Armed forces of Union Of India

*Krishna Iyer Vs.Superintending Engineer

*Niranjan lal Bhargava &co Vs.Depy.Commr.,

Pvt engineerg contractor workg under govt contract and lorry driver
hired to him is employer of the driver @ agreeable rate.

Under what category a worker fall decided based on job given to him
and not by the label given to him.

6.WAGES -SEC2(h)

WAGES

FAIR WAGE

LIVING WAGE

STATUTORY MINIMUM WAGE

MINIMUM WAGE

.WAGES : All remuneration ( by way of salary , allowances or otherwise ).-capable of being expressed in money payable to person employed in

respect of his employment.


Wages inc.
i)Remuneration INC.
House rent allowance + payment of remuneration in respect of rest
days

ii) Remuneration not INC


- bonus not U/ terms of employment
-U/order of state govt.excluded-value of any house accomdation ,light
supply ,medical attdnce,other aminety
-contribution by employer /PF& INT.Accrued to amt.
-travelling allowance /concession
-sum payable to defray spl expenses by nature of employment .
-Gratuity payable on termination of employment .

The SC in Express Newspapers vs.Union Of India classified wages into 3 categories


I.
II.
III.

LIVING WAGE,
FAIR WAGE,
MINIMUM WAGE

LIVING WAGE,

Living wage is the one which is appropriate for the normal needs of the average employee who is living in civilized community .It must
provide not only basic needs such as food, shelter and clothing but also condition of frugal comfort estimated by the current human std.
frugal comfort INC- education for children ,protection against ill health ,requirements of essential social needs , insurance against misfortunes like
death ,disability and fire,amusement and expenditure for self development .
Based upon expansion of national economy the contents of term living wages also expand and vary.
Article-43 Provides that state shall ensure to secure all workers living wages+condition ensuring decent std of life &full enjoyment of leisure and
social and cultural opportunities.
FAIR WAGE,

Fair wage stand inbetween min wage and living wage.It is a step towards the progressive realization of a living wage by settling above the min
wage thus approximating towards living wage.The lower limit to fair wage is obviously the min wage and upper limit is the capacity of the industry
to pay .ie.it depends upon the current economic position &future prospects of the industry.
Factors into consideration while fixing fair wages
a. The productivity of labour
b. Prevailing rates of payment in similar occupations in same area and neighbouring localities
c. The level of national income and its distribution
d. Place of the industry in the economy of the country
*S.A.F.L.Works Vs.Indutrial court

After determining the paying capacity of the industry the tribunal has to consider the scale of wages and dearness allowance in fixing fair wageSC.
MINIMUM WAGE & STATUTORY MINIMUM WAGE
MINIMUM WAGE (not defined in act )

STATUTORY MINIMUM WAGE-Not defined in act because its not


possible to lay uniform wages for all Industries throut country- SEC 4

Provide for the bare subsistence of the worker and his family
This is paid to worker irrespective of capacity of the industry to pay
If the industry cant pay this it cant exist .

It is prescribed by the statute and it may be higher than bare min wages
providing for measure of education ,medical requirement and other
amenities.
Min wages act 1948.
Statutory min wages U/S 4(1)consist of
a. Basic rate of wage +spl allowance(s.a-adjusted @such interval
and manner as govt direct in acc with cost of living index no
applicable to worker.)
b. Basic rate of wage with /w/o cost of living allowance +cash
value of concession with respect of essential commodities
supplied at concessional rate (c.c-compute by competent
authority @ specific intervals)
c. an all inclusive rate .( Basic rate+ cost of living allowance+
cash value of concession)

*Unichoyi vs. State of Kerala

------------------------------------------------:
Dual objective-while fixing min wage rates
subsistence and maintainence of worker and family
Preserving his efficiency as worker
*T.D.Industries Vs.workmen

No relevancy to employer capacity or nature of industry /employee


hardship or their inability to meet burden
But act purports to prevent labour exploitation ,thus authorizing govt to
prescribe min rate of wages in scheduled induatries.
*Express News Paper vs.union Of India

SC held that once min wages is fixed for scheduled employment it has t
be paid irrespective of the paying capacity of the industry .
___________________________________________________________________________________________________________________________________
SEC 3- Empower Approp Govt To Fix Min Wages

Fix :This sec empowers the appropriate govt to fix min rate of wages payable to the employees employed in employment mentioned in
part I and part I I of schedule.
Review: Govt review min rate of wage to fix and revise the min rate at such intervals not exceeding 5 yrs.
Sec3(1-A) Refrain: Approp govt refrain from fixing wages if the number of employees in whole state happened to be less than 1000 in such
employment .
*Ram kumar Mishra Vs. State of Bihar

Sometimes discretionary made for govt to fix min wages in case happenend to be less than 1000.
*Banglore Dress Mfg Vs.Govt Of Karnataka

In fixing the rates the Govt can consider nature , experience , merit and quality of work involving skill of different kind of skilled employees.
Sec 3(2)- Minimum Rate Of Wages-time work

Govt may fix minimum rate of wages for time work i.e.min time rate , minimum rate of wages for piece work i.e.minimum piece rate
.When piece rate is fixed every worker will not earn the same amt for the day and difference may exist from person to person in respect of work
done by each .
Sec 3(2-A)-Pending Proceeding Not Comprehended In Sec 3 And Min Rate Of Wages Shall Not Apply .
1. where indus.dispute rate of wages payable-pending proceeding
2. where an ward made by authority is inoperation
3. where notification fixing /revising the min rate of wages of scheduled employment issued during pendency of proceeding
*U.p.Cinema Exhibits Vs.State of U.P ; Ajantha textiles Vs.Deputy labour commr .
Sec deal when the award is in operation .but if award ceased to have operation since contrasting effect the fix of min wage apply.
Sec 3(3) different min rate fixed for

a.
b.
c.
d.

Different scheduled employments


Different class of work in the same schedule employment
Adult , adolescents,children and apprentice
Different localities

Minimum rate of wages fixed


a. By the hour
b. By the day
c. By the month
d. By such other longer wage period as may be prescribed

SEC 4- Empower Approp Govt To Fix/revise Min Wages in consistency with the factors mentioned therein

i.
ii.
iii.
iv.

The difficulty of employer to carry on his business on basis of min wages


The financial capacity of the employer to pay the minimum wages
The fact that employer has incurred loss during the previous yrs
The employers difficulties to import raw materials

;
Chandrabhanu Boarding &lodging ,Banglore Vs. State of Mysore .
Though financial capacity of employer and wage scale prevailing in comparable industries in the region are of some relevant conisderartion
minimum wages must be paid irrespective of ext of profit , financial condition of estd/availablility of the workmen on lower wages.
*Hydro.pvt.ltd Vs.Workmen

*Sri Kalyana Rama co.Vs.Govt of India

The authority is not quasi judicial while fixing min rate of policy and not require court interference in that matter
*Jyothi Home Industries Vs.Karnataka

Appropriate authority in fixing wage final may vary the wage structure from its draft notification.
*Sukumaram vs.State of Tamilnadu

While fixing of min wage for employees of hotels &restaurants govt divided state into 3 zones .in zone A it was challenged as there was clubbing
of municipality&certain corpn with madras corpn .It was held as valid as it is based on rationaland intelligible basis and not arbitrary .
*Stanmore Estate Yarcaud Vs.Labour commissioner , Madras

G.o Notification issued revising min wages for tea and coffee estates in which rate of variation given for every unit of 5 point .As prescribed the
petitioner were paying wages .As the consumer price index came down he started paying as per notification.As per the govt order any change
should not bring about reduction in D.A.This G.O was challenged .It was held that the word to be adjusted /in acc.with contemplate change in both
way and not just increase.
Sec 5-PROCEDURE FOR FIXING AND REVISING MINIMUM WAGES.
2METHODS

1.committee method :Appoint as many committees and sub-committees as it considers necessary to hold enquiries and advice the govt in respect
of such fixation /revision as the case may be .
2.By notification in the official gazette publish the proposals for the information of persons likely to be affected thereby and specify a date , not
less than two mon from the date of the notification on which date the proposal will be taken into consideration.

If the govt adopts 1st method it shall receive the advice of the committee and all representation , &by notification fix /revise the min rate of wages
which comes into force after 3 mon expiry of notification /as per provided in the notification
If 2nd method the appropriate govt also consult the advisory board .
*Edward Mills Vs.State of Ajmer

Committee appointed under this sec is only advisory body and gvot is not bound to accept its recommendations in every case The govt can still
fix/revise even if no advice/inadequate advice given.
*Basti Ram vs.State of A.P

In case of employment under part I fix of min rate should be done for entire state not a part being omitted .but the fixation need not be uniform
POWER OF GOVT
a. Not Arbitrary /Unguided
*Mahendra Chandra Vs.State

The power of the govt to specify the min rate of wages does not include power to vary other terms of contract.
*Malayalam Plantation Vs.State of Kerala

Full bench kerala H.C .Held that specifying date is for person who likely to file objection know till what date they have to make it .till that govt
precluded from making decision on draft proposals .However thereis nothing in the statute which requires that govt should consider it on that date
and not thereafter
b. Not quasi judicial
It is a legislative function delegated to the govt by the parliament .The person are not entitled to oral hearing following the filing of objections
/proposals
*Tourist Hotel Vs State of A.P

No contemplation to make oral hearing, or dispose off petition with in specified date.
*U.p.Cinema Exhibits Vs.State of U.P

Govt not bound to give reasons in the notification as it is not quasijudicial.

SEC5 -ADVISORY BOARD AND COMMITTEES


COMMITTEES : SEC 5

empowers the appropriate Govt to appoint as many committees and sub-committees as it think fit t hold enquiries and
advice the appropriate govt.in matter of fixing and revising wages in respect of the industries listed in the schedule.
The govt can extend the term of committee after expiry period.
committee Appointed appointed is only advisory body and govt is not bound to accept its recommendations.
Committee without the representation of employers the proposal given by it and notification fixing minimum wages based on it will have
no forceand effect .
The govt can still fix/revise even if no advice/inadequate advice given.
ADVISORY BOARD:SEC7 It empowers the appropriate govt to

CENTRAL ADVISORY BOARD:SEC8 It empowers the appropriate

appoint advisory board for purpose of


i.
Coordinating the work of committee &sub committee U/S 5
ii.
Advice the govt in matter of fixing and revising minimum rate
of wages

central govt to appoint central .Advisory board for purpose of


i.
Coordinating the work of advisory board
ii.
Advice the central and state govt in matter of fixing and
revising minimum rate of wages

SEC9 -COMPOSITION Of Committees ,Subcommittee &Advisory Board:


Each committee and sub committee consist of person to be nominated by the appropriate government .
The person who can be appointed to these committees shall be representatives of employers and employees and shall be equal in number .
Independent persons not exceeding 1/3rd the total number of members in such bodies shall also be appointed
The appropriate govt shall appoint one of such independent person to be the chairman .
B.Y.Kashatiya Vs.S.A.T.Bidi Kangor Union

Independent persons u/s 9 mean person neither employee nor employer in the employment for which min wage ought to be fixed
State of Rajasthan Vs.Hari Ram Nathnani

Mere fact that person is govt official will not divert him of character of an independent person .
Irregularity In The Consideration Of Advisory Committee Will Vitiate The Order Of Govt Upon Such Recommendations.
*Bijay Cotton Mills Vs .State Of Ajmer

all fn inc(committee,advisory board,central advisory board).Though appropriate govt given all the power it shud take intoconsideration the advice
of the committee and representation if any .It is obligatory on all occasion of revision of min wages
*In Sir Remand Co Vs. TamilNadu ; Town beedi factory Vs Orissa

; ASD Badusha Vs.State of Madras

The composition of committee is that it shud have equal number of employers and employees being represented .In the instance case the complaint
of advisor that the representatives of employers had ceased to fn and since vacant the proceedings of the committee vitiated .It was held that in such
case the govt order if pass will be vitiated.
SEC 11:PAYMENT OF WAGES IN KIND

1.
2.
3.

Wages payable under this act shall be in cash


W.R.T.circumstances of the case , where it Iscustom to pay the wages in kind , appropriate govt by notification in official gazette execise
the payment of wages either wholly or partly in kind.
When appropriate govt is of the opinion that provison should be made for the supply of essential commodities at concessional rate it may
by notification in O.G make provison for such .cash value of wages in kind and the concession rate estimated in the prescribed manner.

4.
SEC12 :PAYMENT OF MINIMUM RATE OF WAGES
Employer shud pay wage not less than minimum rate of wageto every employee engaged in scheduled employment in that without deduction .except as may be
authorized with such limit and subj to conditions.
SEC13 :FIXING HRS OF NORMAL WORKING DAY
SEC13(1)appropriate

i.
ii.
iii.

govt
fix hrs of work for normal working day inclusive of one or more specified intervals
Provide 1 day rest to every 7 days work +payment of remuneration for those days for all /any class of employees
Payment on rest days shall not be less than the overtime rate

SEC13(2)- Appln

of sec 13(1)to employees to such ext and condition as prescribd below


Employee in urgent work
Employee in work outside the limit of general work which is in nature of preparatory /complementary work
Employees employment intermittent
Employee in work which for technical reason to be completed before the duty is over
Employee in work which cud not be carried on except at times dpendent on the irregular action of natural forces.
SEC14 :OVERTIME

Working in excess of normal working hrs-to be paid min wages W.R.T overtime under the act-for every hr/ part of hr / under any law by
appropriate govt for time being in force-which ever is higher .
(This does nt affect O.T undersec 59 Factories Act 1948 where rate payable is twice )
SEC15:WAGES OF WORKER WHO WORK LESS THAN NORMAL WORKING DAY

An employee whose min rate of wage has been fixed under the act by the day , works on ady less than the requisite number of working hrs.he shall
receive wages unless
The failure to work is by his unwillingness, and not by omission of employer to provide him work
Insuch other cases &circumstances as may be prescribed
SEC16:WAGES FOR TWO OR MORE CLASSES OF WORK

Where an employee perform two or more work in respect of each work min wage rateapplicable and employee bound to pay .
SEC17: MINIMUM TIME RATE WAGES FOR PIECE WORK
SEC18:MAINTAINENCE OF REC AND REGISTER

AUTHORITIES UNDER THE ACT

Act empowers state Govt to appoint Inspectors to enforce provisons of this act
The govt may define the local limits within which the class of factories and Indus.estd in respect of which inspector shall exercise fn.
I.Powers Of Inspectors

1.
2.

Examine and enquire a. any person who is employee therein .


Enter, Inspect, search any premises/place -@any reasonable time with or w/o such assistance of person of govt service /other.
To examine rec, register of wages ,notice to be displaced in premises.
3. Supervise payment of wages in rly,facty,Indus.estd-to employed person
4. Require by written order production of any register /record or take on spot or statement of any person inc.out workers. .
5. Seize/take copies of register/document /operation-in respect of offence believed to committed by employer U/this act .
Exercise such other power that may be prescribed. they are deemed to be public servant within meaning of IPC.
Doc production-175&176 of IPC
Sarpanch Gram Panchayat Vs.Ramgiri

Revenue official under admin ctrl of commsr and collector appointed as inspector have only supervisory and control power and no power to grant
relief under sec 20(2)
Ajanta Talkies Vs Dy.Labour Commnr ; P.N.Dubey Vs.State Of U.P

Appointment of inspector without defing locallimits is invalid.


IIAuthority to decide claim
SEC 20(1)-Who May Be Appointed As Authority

1. Any officer of central Govtexercising fn as labour commissioner for any region


2. Any officer of state Govt not below rankof labour commissioner
3. Commissioner for workmen compensation
4. Officer with experience of judge of civil court /stipendary magistrate
*Niranjan lal Bhargava &co Vs.Depy.Commr.,
It is not necessary for person appointed as authority shud be labour commsr under stste govt /central govt.
Claim appropriate govt appoint by notification to hear and decide for followingclaims

1.
2.
3.
4.

Claim arising out of payment of less than min rate of wages


Any claim in respect of payment of remuneration for days of rest
Any claim in respect of payment of remuneration for work done on such days under sec 13(1)(a),(b)
Any claim of wages at the overtime rate under sec 14 .

SEC 20 (2)-who can Make Appln

1. The employed person.


2. Any legal practitioner
3. Any official of registered trade union authorized in writing in his behalf
4. Any inspector under this act
5. Any other person with permission of authority
SEC 20(2)-PROVISO 1- Limitation
It should be made with in 6mon Limitation from which date minimum wages or other amount become payable.
*Lonamagram Panchayat Vs.Ramgiri Gosevi
The authority is given discretion to condone the delay in presenting appln provided sufficient cause for the delay is providedto the satisfaction
PROCEDURE FOR DECIDING CLAIMS
Claim application entertained ---opportunity of being heard----inquiry ---Direct the employer
1. Claim arising out of payment of less than min rate of wages- Then to employee min wage payable exceed amt actually paid +payment of
compensation..Thus payment directed shud not exceed 10x(amount of excess).
2. In other cases payment of amount due +payment of compensation.should not exceed 10 rupees .
3. payment of compensation where amt due is paid by employer before the disposal of application.
Single appln SEC 21(1) : can be made w.r.t employees belonging to same unpaid group if claim is of joint appln, then max.compensation shall
not exceed 10 times aggregate amount and ltd to Rs.10/-per employee
SEC 21(2)-Authority may deal with any number of separate pending appln.
*Hindustan Steel ltd Vs .A.k.Roy

Failure to raise objection regarding max penalty imposed apart from payment of min wages by employer and that during the argument stage will
not be entertained .
FINALITY OF ORDER SEC20(6)- Finality to every order being issued .
POWER OF AUTHORITY SEC 20(7)

The Authority shall be deemed to be a civil court for all purposes under sec195 of cpc and shall have powers of civil court and chap 35 of cr.p.c
1898
1. Taking evidence
2. Enforcing attendance of witnesses
3. Compelling the production of document
RECOVERY OF AMOUNT

If authority is Mgistrate ,trated as if fine were imposed by him as magistrate


If authority is not Mgistrate ,by any magistrate to whom appln made by authority ,treated as if the fine were imposed by the magistrate.

SEC 22 :PENALTY FOR OFFENCES UNDER THE ACT


: 6 mon - imprisonment /5n-Rs .500/ both .When
Pay less than min rate of wages fixed for that employees class of work
contravenes any rule or order made under sec 13 .

PENALTY FOR CERTAIN OFFENCES

SEC 22-A :GENERAL PROVISON FOR THE PUNISHMENT OF OTHER OFFENCES


Contravenes any rule or order if no other penalty provIded for the contravention under this act :5n-Rs 500/*Workmen of the Bombay port Trust vs.Trustees of the Port of Bombay

When it relates to the question of non payment of wages for the work done on Sundays which is referred toindustrial tribunal ,the tribunal cant
allow any addl.payment as penalty under this section .
*State of Gujarat Vs Punjab Tyres

Non compliance of this provison of act should be dealt strictly and deterrent sentence should be imposed
.SEC 22-B :COGNIZANCE OF OFFENCES
22-B(1)- Take cognizance Under sec 22(a)-when appln with the facts constituting such an offence presented Under sec 20 and has been granted in
whole /in part and appropriate govt /officer in behalf has sanctioned the making of complaint .
- Take cognizance Under sec 22(b), Under sec 22-A-when complaint made by or sanctioned of an inspector
22-B(2)- Take cognizance Under sec 22(a) &22(b) when complaint thereof is made with in one mon of grant of sanction under this section.
Take cognizance Under sec 22-A- when complaint thereof is made with in 6 mon of the date on which the offence is alleged to have
been committed .
.SEC 22-C: OFFENCE BY COMPANIES
When offence committed under this Act every person who at the time offence committed was in charge of and responsible to the company for the
conduct of business to the company +company shall be deemed to be guilty of offence =shall be liable to be proceeded against &punished.
SEC 22-C(1)-Not punished if proved
Offence committed w/o his knowledge
Exercised due diligence to prevent commission of offence.
SEC 22-C(1)-punished if proved
Offence committed with consent
It is attributable to any neglect on part of any Director ,mgr,secy /officer of co.,
SEC 22-D:PAYMENT OF UNDISBURSED AMOUNT DUES TO EMPLOYEES
1.Min wages due under this act to the employee
2.otherwise due under this act to the employee
Shall be deposited with authority on A/C of his death or whereabout not being known .
SEC 22-E :PROTECTION AGAINST ATTACHMENT
To secure the performance of contract with govt by employer or debt or liability incurred by employer towards employee in connection with the
aforesaid contract shall not be liable to be attachment under any decree /order of any court .
SEC 22-F: APPLICATION OF PAYMENT OF WAGES ACT TO SCHEDULED EMPLOYMENT
SEC 23-EXEMPTION OF EMPLOYER FROM LIABILITY IN CERTAIN CASES

Employer shall file complaint following whichnotice shall be served to actual offender &hearing the charge proceeds.But the original trial starts
on original complaint .The employer shall not be held liable if proved to the satisfaction of the court that
Offence committed w/o his knowledge ,consent /connivance.
Exercised due diligence to prevent commission of offence.
SEC 24-BAR OF SUITS

The amt claimed form subj matter of appln before the authority U/S29N presented by plaintiff or onhis behalf.
The amt claimed form subj of direction U/S 29 in fav of plaintiff
The amt claimed has been adjudged in a proceeding U/S 29 not to be owed to the plaintiff.
The amt claimed could have been recovered by appln U/S 29
Any other court does not have jurisdiction to entertain the suit in respect of claim under sec 20 of the Act
W.R.T .Employee-need not file suit but avail machinery under act to get quick relif
W.R.T .Employer can file suit only when the employee is not governed by the notification under Minimum wages Act
Vimal Printer Vs.Omana

Under sec 24 it bars only institution of suit in civil court .and not tribunals or other authorities.
SEC 25- CONTRACTING OUT PROHIBITED

Any agreement made before or after the commencement of this act , whereby the an employed person relinquished any rights conferred by this act
shall be null and void.Right to
1. 1.Min rate of wages
2. Any privileges or concessions accruing to him under the Act
SEC 26-EXEMPTIONS AND EXCEPTIONS

By notification in gazette by appropriate govt exempts &excepts certain provisons of this act
This does not apply to employees family /members

RULE MAKING POWER


By central govt
SEC29 :W.R.T. Term of office of the members , procedure to be followed in conduct of business ,method of voting ,filing
up casual vacancies in membership &quorum necessary for transaction of business &central advisory board .
By appropriate govt SEC30 :To frame rules for the purpose of carrying out this Act after the previous publication by notification in official
gazette .(3 mon notice)
SEC 30-A:Rule made by central govt be laid before the parliament .