Amendment status not verified — confirm the current text below against the official source.
Claims.— (1) The appropriate Government may, by notification in the Official Gazette, appoint 1[any Commissioner for Workmen’s Compensation or any Officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any) other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 2[or in respect of the payment of” remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14], to employees employed or paid in that area, (2) 3 [Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall be presented within six months from the date on which the minimum wages 4[or other amount] became payable: Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period. 5[(3)When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of 1 Subs. by Act 30 of 1957, sec. 12, for “any Commissioner for Workmen’s Compensation or” (w.e.f. 17-9-1357). 2 Ins. by Act 30 of 1957, sec. 12 (w.e.f. 17-9-1957). 3 Subs. by Act 30 of 1957, sec. 12, for certain words {w.e. f. 17-9-1957). 4 Ins. by Act 30 of 1957, sec. 12 (w.e.f. 17-9-1957). 5 Subs. by Act 30 of 1957, sec. 12, for sub-section (3) (w.e.f. 17-9-1957). 9(3) The Punjab Minimum Wages Rules, 1950 being heard, and after such further inquiry, if any, as it may consider necessary, may without prejudice to any other penalty to which the employer may be liable under this Act, direct— (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of (the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount of such excess; (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees, and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.] (4) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application. (5) Any amount directed to be paid under this section may be recovered— (a) if the authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or (b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate, (6) Every direction of the Authority under this section shall be final. (7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (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 section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898). (i) Claim of arrears of differential wages made by employee. There was delay in filing application beyond limitation period. Claimant submitted that they were Case Law pursuing their grievance before Labour Officer- Only when they failed, they approached, the authority. Held that delay had been rightly condoned; Executive Engineer, Rural Works Division, Mayurbhanj v. Addl. District Magistrate, Mayurbhanj, 2005 LLR 121. (ii) An order imposing a monetary liability caused by violation of provisions of a statute cannot be upheld except in the presence of strict proof; Premier Tobacco Packers (P) Ltd. v Assistant Labour Officer, 1988 Lab 1C 283 (AP- HC): 1988-1 LLN 743. (iii) While making the enquiry into the claim petition under section 20 of the Act, the. authority acts in quasi-judicial capacity and ipsofacto should ensure that no prejudice is caused to the employer by failure to follow the rules of natural justice; B. Ramdas v. The Authority under Minimum Wages Act, Guntur Region, Guntur, 1987 Lab 1C 1493: 1987-2 APLJ (HC) 137. (iv) The minimum wages becoming payable can be claimed by an application presented within six months from the date on which it became payable and if presented after the expiry of the period of limitation, the applicant has to satisfy the authority that he had sufficient cause for not making the application within such period; Awadh Lal Sah v. State of Bihar 1984 Lab 1C 169 (Pat HC). (v) Where a period of limitation is prescribed by section 20 of [he Act, power of the authority is coupled with the privilege to condone delay, the delay has to be explained and sufficient cause shown just opposite under section 5 of the Limitation Act, 1963; Sri Gandhian Bus Service Chingleput v. Labour Court, (1964) I LLJ 709.