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Jagbir Chauhan (Senior Executive Legal Weight and meausre)     01 July 2023

Wages act 1936

Dear Seniors, One dispute raised in labour court under wages act 1936, employer not paid salary to his employee, Now employer give application in court that employee salary is more than 24000 hence it can not be considered under wages act 1936 so reject the dispute. Now I want experts guidance about the case that how & what we should reply to court for consideration and judgement in favour of employee. this case under trail since last 2 years. Humble request to all seniors and experts please share your opinion. Thanks

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 July 2023

It means you have not filed the reply/counter objection to the objections raised by the respondent employer till this date or whether you have already made out your plans to counter their false action but you are not dsclosing this here?

The objectives of Wages act, 1936"

Regulate payment of wages to specific class of workers employed in industry without any wrongful deductions apart from what is mentioned in the Act. Define regulations around fixing of wage period, time and mode of payment of wages. Regulates the rights of the workers covered under this Act.

The essential goal for the advent of the Payment of Wages Act, 1936, is to keep away from needless delay withinside the charge of wages and to save you unauthorized deductions from the wages. There are three kinds of wages minimum wage, fair wage & living wage covered under this Act.

 

If the employer did not pay the salary to the employee  and there are arrears to be paid, the employee could have approached civil court for recovery of arrears of salary instead of labor forum


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