Amendment status not verified — confirm the current text below against the official source.
DefimtzoTIJ -In th1s Act, unless the context otherwise Jcquues,- (a) "badh worke1" means a worker who is appomted m the place of a per:manent worl<er who IS tempotanly absent; *Rece1ved the assent of the. President on the 14th day of .January, 1990 and published in the Kc1ala Gazette E'\.traordinary No. 57 dated the 22nd January, 19,90. 34j1513j91jMC. ' . . 4 (b) 'casual worker" means a worker whose employment is 01 a ca .u~ .JdLure; (c) "employer" means, in "rclati~n "to any establishment, factory, plantation, motor ti anspoi t unde1 takmg or other undertaking,- (I} belongmg to, or under the control of any State Government, 'a peison or authonty appomtcd by that Government for the supervisiOn and contiOl of workers, or, where no peison or authimty has been so appointed, the head of the Mimstly or the Depa tment concerned, (1i) belongmg to, or under the control of, any local autho11ty, the person appomted by such authonty for the supervision and control of workers, or, where no person has been so appomtcd, the ch1ef executive officer of the local authority; (in) many other case, the person who or the authority which ha~ the ultunate control over the affairs of the establishment, factory, pl antatJOn or undertakmg, and whete the said affairs are entrusted to any other person,· whether called manager, managmg director or by any other name, such person, (d\ "factory" has the meaning assigned to 1t in clause (m) of section 2 of the F~ctones ~ct, 1948 (Centrai"'Act 63 of 1948); ·. (c) "Inspector" means an mspector appojnted under section 6; I (f) "motor transport undertakmg" has the mearung assigned to that cxpre~s10n m clause (g) of section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961); (g) ''permanent worker" means a worker who is employed on a pNmancnt basis; (h) "plantatlon'':has the meaning ass1gned~o it m clause (f) of sectiOn 2 of the PlantatiOns Labour Act, 1951 (Central Act 69 of 1951); (1) "State'' means the State of K-erala; (J) "temporary worker" means a worker who has been engaged for work which 1s of ao essentially temporary nature likely to be fi.mshed within a limited penod; (k) "wages'' has the meanmg ass1gned to that term m claus<; (vi) of section 2 of the Payment of Wagd Act, 1936 (Central Act 4 of 1936); · {l} "worker'' means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, m any establishment or employment to which this Act apphes and includes an out worker to whom any articles or matc11als are given out by another person to be made up; cleaned, washed, alte1ed, ornamented, furrushed, prepared, adopted or otherwise processed. I i.J I > '(• • J , ' 5 3 Wages payable to casual, temporary or badlz workm -Notwithstanding anythmg contamed m any law for the time bemg in force. or in any Judgment, decree or order of any court or other authonty, or m any contract or other agreement, no employer shall pay to any casual, temporary or badli workei employed by him in an establishment, factory, plantation, motor transport undertakmg or other undertaking, wages, whether payable in cash or in kmd, at rates less than the nummum of the wages payable by him to a permanent w01ker for performmg the ~arne work or work of a similar nature • 4 Power of Govemment to appoznt authorzties for hearmg and deczdzng clawis • -· • and complaznts.-( I) The Government may, by notification m the Gazette, appoint such officers not below the rank of a District Labour Officer, as they thmk fit, to be the authorities for the purpose of hcanng and deciding- (a) complamts With rega1 d to the contravention of section 3, (b) claims ansmg out of non-payment of wages at the rates referred to in the said sect10n; and may by the same OI a subsequent notification define the local hm1ts witlun wluch each such authouty shall ex~I Cise its JUnsdict•OT) . (2) Every complamt or claim referred to m sub-section ( l) shall be made in such manner as may be prescnbcd (3) If any question anses as to whethc1 two OI mOle \\Oib ate of the same nature or of a sunilar natUie, 1t shall be dec1ded by the authonty appointed under sub-section ( l). ' (4) Where a complaint or cla1m 1s made to the autho11ty appointed under sub-section. ( l), 1t may, after givmg the apphcant and the employC'r, a11 opp01 tunity of bemg heard, and after such mqlllry a~ It may co•1~1der necessary, direct,- (i) (n) m the case of a clatm ansmg out of non-payment of wages at the rates referred to m section 3, that payment be made to the worke1 of the amount by which the wc~ges payable to him exceed the amount actually paid, in the case of a complaint, that adequate steps be taken by the •employer so as to ensure .that theie 1s no contraventiOn of section 3. (5) Every autho11ty appomted under sub-sectiOn (I) shall have all the powe1 s of a civil co'urt under the Code of Civil" Proccdui e, 1908 (Central Act 5 of 1908), for the purpose of takmg ev1dence and of enf01 cmg the atten- dance of witnesses and compelling the production of documents, and every such authonty shall be deemed to be a civil court for all the purposes of sec- • tion 195 and Chapter XXVI of the Code of Cruninal P10cedurc, 1973 (Central Act 2 of 1974). · 6 (6) Any employer 01. worker agg11CVed by any 01 der made by ,m authority appomted under sub-sec: ion (I) on a complaint or cla1m may, wtthin tlmty days fi om the date of the order, p1 efer an appeal to such authonty as the Government may, hy notification in the Gazett<> spec1fy m th1s behalf, and that authority may, after heanng the appeal, confi1m, modify or 1everse the ord<'r appealed against and no further qppcal shall be against the order made bv such authonty. (7) The authonty relc11ed tom SL'h-scctJOn (6) may, 1f it is satisfied that the appellant was prevented by sufficient cavse fiom prefen mg the appeal wil hin the penod spec1fied m sub-section (6); aU ow the appeal to be pteferred within a furthet pcnod of th1rty <lays but :1ot thereafter (8) The p1ovis1ons of sub-sw !On (1) of sectiOn 33C of the lndust11al Disputes Act, 1947 (Ccn11al Act 14 of 1947), shall apply for the recove1y of monies due from an <>mploycr a11sing out of the decis10n of an auth01ity appoit:tted 11nder 1Im sect10n 5 Duty of employers to mamtam rcgzsters.-On and from .the commence- ment of tl11S Act, every <'mployer shall mamtam ,c;uch registe1 s and oth·~r docuntents m relatiOn to the casual, te111p01 ;u y and bad!J workc1 s employed by him, as. may be prescribed .. 6 In~pectors -(l) The Government may, by notific~t10n in the Gazette, appomt such persons as they may think fit to be InspectOJ s for the put pose ofmakmg an mvestJgation as •o whether tht- p10visions of this Act or the 1 ule~ made· thereunder aJe being complied with by employers, and may define th.e local limtts witlun which each Inspector n1ay make such mvestigation (2) Every Impcc101 shall be deemed to be a pubhc ~enant w1thin the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860) (3) An Inspector may, at any place w1thm the local hmit~ of lm ' junsdiction,- • (a~ enter, at any reasonable time, w;th such assistance as he thmks fi_t, any bwldmg, p1 ctmses, vehicle or vessel; (b) require any employer io produce any register, muster-roll or other document~ 1Cia1ing to the employment of worke1s, and examine such documents, (c) take, on the ~pot or otherwise, the ev1dencc of any pe1son for the purpose of asceltammg whether the prOVISIOns of ,this Act or the lUics made thereunder are bemg or have been complied with, (d) cxamin<> the employe!, his agent or servant 01 any other person found in charge of the cstabhshment, factory, plantation, motor transport undertakmg or other undertakin~ or any prcmtses connected therewtth or any person whom the Inspector has reasonable cause to believe to be, or to have been, a worker in the estabhshment, factory, plantatiOn or undertaking; . ' ' • - 7 (c) make copies of, or take extracts from, any register or other d~~u ment maintained under this Act m relation to the establishment, factory, plantation, motor transport urtdertaking or other undertaking. (4) Any person required by an Inspector to produce any register or other document or to give any information shall comply with such requi- sition . . '(5) Every employer shall afford the Inspector all facilities for making any entry, inspectiOn, exammation or investigation under this Act. I •