Presented By: Ankit Jaiswal Rahul Telang

OBJECTIVE OF THE ACT
‡ To regulate the payment of wages to certain classes of employed persons. Two fold:‡ First the date of payment of wages and ‡ Secondly the deductions from wages whether as fine or otherwise.

APPLICABILITY OF THE ACT ‡ Persons employed in:‡ Any factory (a saw mill. 1948). ‡ Air transport service Dock. quarry or oil-field plantation ‡ Workshop or other establishment etc. . Inland vessel. ‡ Tramway service or motor transport service engaged in carrying passengers or good or both by road for hire or reward. mechanically propelled ‡ Mine. yards etc as defined in Factories Act. Wharf or Jetty. ginning factory. godowns .

‡ Over time work or holiday or any leave period. Wage does not include any bonus. ‡ Any additional remuneration under the terms of employment. pension fund or provident fund. travelling allowance and any gratuity.WAGE ‡ Wage includes any remuneration :‡ Payable under any award or settlement between the parties or order of a Court. .

b.WAGES TO BE PAID IN CURRENT COINS OR CURRENCY NOTES a. specify the industrial establishments .e. either by Cheque or by crediting the wages in employees banks Account. . Andhra Pradesh State Amendment: Provided further that the State Government may.f 7-10-1982). the employers of which shall pay to the persons employed therein.2 (w. sec. the wages either by cheque or by crediting the wages in their bank account -[Vide Andhra Pradesh Act 15 of 1982. After obtaining the authorization. by notification in the Andhra Pradesh Gazette. All wages shall be paid in current coins or currency notes or in both.

‡ When more than 1000 workers.TIME OF PAYMENT OF WAGES ‡ The wages of every person employed is paid. before the expiry of the 10th day of the following month. . ‡ When less than 1000 persons are employed shall be paid before the expiry of the 7th day of the following month.

DEDUCTION MADE FROM WAGES ‡ Deductions such as. recovery of losses. fine. premium for Life Insurance. granted for house-building or other purposes. advances paid. loan. Employees State Insurance contribution etc. deduction for amenities and services supplied by the employer. income tax payable. over payment of wages. . Provident Fund contributions. in pursuance of the order of the Court. cooperative societies. contribution to any fund constituted by employer or a trade union.

by the terms of his employment. he is required to work. . ‡ Absence for whole or any part of the day If ten or more persons absent without reasonable cause. such absence being for the whole or any part of the period during which he is so required to work.DEDUCTION FOR ABSENCE FROM DUTIES FOR UNAUTHORISED ABSENCE ‡ Deductions may be made only on account of the absence of an employed person from the place or places where. deduction of wages upto 8 days.

DEDUCTION FOR DAMAGE OR LOSS ‡ For default or negligence of an employee resulting into loss. Show cause notice has to be given to the employee. . ‡ The total amount of fine which may be imposed in any one wage-period on any employed person shall not exceed an amount equal to 3% of the wages payable to him in respect of that wage-period.

and such deduction shall not exceed an amount equivalent to the value of the houseaccommodation amenity or service supplied and. shall be subject to conditions the State Government may impose. . as a term of employment or otherwise. unless the houseaccommodation amenity or service has been accepted by him.DEDUCTIONS FOR SERVICE RENDERED ‡ A deduction shall not be made from the wages of an employed person.

‡ Deduction for recovery of loans. .OTHER DEDUCTIONS ‡ Deductions for recovery of Advance. ‡ Deductions for payment to co-operative societies and Insurance schemes.

Any Assistant Labour Commissioner. Any commissioner for Workmen s Compensation. Presiding Officer of any Labour Court or Industrial Tribunal. ‡ AUTHORITY TO HEAR CLAIMS. .AUTHORITIES UNDER THIS ACT ‡ INSPECTORS. or Any Regional Labour Commissioner.

the receipts given by them and such other particulars and in such form as may be prescribed. the wages paid to them.Maintenance of Registers and Records ‡ Every employer shall maintain such registers and records giving such particulars of persons employed by him. the work performed by them. the deductions made from their wages. .

‡The authority may deal with any number of separate pending applications. as a single application presented.Single application in respect of claims from unpaid group ‡Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if their wages for the same wageperiod or periods have remained unpaid. . presented under section 15 in respect of persons belonging to the same unpaid group.

and the sanction shall not be granted if such person satisfies the authority.the authority empowered or the appellate Court. as the case may be. shall give such person an opportunity of showing cause against the granting of such sanction. .Procedure in trial of offences ‡No Court shall take cognizance of a complaint against any person for an offence unless an application in respect of the facts constituting the offence has been presented and has been granted wholly or in part and the authority empowered the appellate Court granting such application has sanctioned the making of the complaint. ‡ Before sanctioning the making of a complaint against any person for an offence .

punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees.PENALITIES ‡ Makes contravention of Sec s. 9. 11 and 13 of the Act. by any person responsible for the payment of wages to an employed person.5. 7. .

CASE STUDIES .

The Modern Mills Ltd. who had left the services on 12th March 1948.docx . vs V. and the contention of the Modern Mills was that as the claim had been submitted after 21st May 1948. TheModernMillsLtdvsVRMangalvedhekar.R. Thereupon Jagardeo applied to the authority under the Payment of Wages Act and that authority held that Jagardeo was entitled to be paid the bonus declared under the award. made an application for the bonus which had been declared by a letter dated 18th May 1948. It is this order which was sought to be challenged by a writ of certiorari. he was not entitled to any bonus. and which letter was received by the Modern Mills on 24th May 1948. Mangalvedhekar on 13/3/1950 Jagardeo Shantaram. an employee of the Modern Mills.

docx ‡U.S.Some Other Cases ‡Arvind MillsLtdvsKRGadgil.docx .B Corporation Limited.docx ‡General Motor Owner'S Association.docx ‡Namdeo Shrawan Lokhande vs Chocks Canning And Mining Ltd.P.

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