Payment of Wages Act,1936
Act No : 4
Section : CLAIMS ARISING OUT OF DEDUCTIONS FROM WAGES OR DELAY IN PAYMENT OF WAGES AND PENALTY FOR MALICIOUS OR VEXATIOUS CLAIMS
SECTION 15: CLAIMS ARISING OUT OF DEDUCTIONS FROM WAGES OR DELAY IN PAYMENT OF WAGES AND PENALTY FOR MALICIOUS OR VEXATIOUS CLAIMS
(1) The 2[State] Government may, by notification in the 3[Official Gazette], 4[appoint 5[a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State or] any Commissioner for Workmen's Compensation or 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 deductions from the wages, or delay in payment of the wages 6[of persons employed or paid in that area, including all matters incidental to such claims:
Provided that where the State Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.]
7[( 1 -A) A person shall not be qualified for appointment as an authority under this Act unless, he is a Commissioner for Workmen's Compensation or any other officer with experience as a Judge of a Civil Court or 8[as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as Judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as a presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947.)
(1-B) Where more than one person are appointed for any specified area as authorities under sub-section (1), the State Government may by general or special order make such arrangements as it thinks fit for the distribution of the work among the authorities so appointed]
1 Ins. by Act 53 of 1964, S.12.
2 This word wits substituted for the word "Provincial", by the A.O. of 1950
3 Subs. for the words "Local Official Gazette, by the A.0 1937
4 Subs. by Born. 48 of 1955, s.3(a)
5 Ins. by Act No.53 of 1964, S.13(i)(a) (w.e.f. 1.2.1965)
6. Subs. by Act No.53 of 1964, S.13(i)(b) (w.e.f. 1.2.1965)
7. Ins. by Born. Act 48 of 1955, S.3(b)
8. These words were subs. for the portion beginning with "of a Labour Court" and ending with "Judicial Magistrate" by Mah. 13 of 1961, S 6.
(2) Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, '[or a representative union registered as such under the Bombay Industrial Relations Act, 1946], or any Inspector under this Act, or any other 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 ) 2[and in case of death of the employed person, it-shall be lawful for his legal representative to make an application for such direction.]
Provided that every such application shall be presented within 3[twelve months] from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be:
Provided further that any application may be admitted after the said period of 4 [twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.
(3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the 5[refund to the employed person or his legal representative, as the case may be] of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and 6 [not-exceeding twenty five rupees in the latter, and even if the amount deducted or the delayed,wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees); 7 [and the authority may direct the payment of such compensation in cases,
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