THE PAYMENT OF WAGES (PROCEDURE) RULES, 1937
1. Short title.
2. Definitions.
4. Authorisation.
7. Refusal to entertain application.
10. Signature on forms.
11. Exercise of powers.
12. Appeals.
12A. Order or direction when to be made.
THE PAYMENT OF WAGES (PROCEDURE) RULES, 1937
No. L-3067, dated the 24th February 19371: -In exercise of the powers conferred by sub-section (1) of Sec. 26 of the Payment of Wages Act, 1936 (4 of 1936), read with Sec. 22 of the General Clauses Act, 1897 (10 of 1897), the Governor-General in Council is pleased to make the following rules, the same having been previously published as required by sub-section (5) of Sec. 26 of the first-named Act, namely:
1. Published
the Gazette of India, 1937, Pt. 1, p. 303.
RULES
1. Short title. -These rules may be called the Payment of Wages (Procedure) Rules, 1937.
2. Definitions. -In these rules, unless there is anything repugnant in the subject or context, -
(a) The Act means the Payment of Wages Act (4 of 1936)
(b) Appeal means an appeal under Sec. 17 -,
(c) The Authority means the authority appointed under sub-section (1) of Sec. 15;
(d) The Court means the Court mentioned in sub-section (1) of Sec. 17,
(e) Employer includes the persons responsible for the payment of wages under Sec. 3;
(f) Section means a section of the Act
(g) Form means a form appended to these rules
(gg) Record of order or direction means the record of an order dismissing either wholly or in part an application made under sub-section (2) of Sec. 15 or of a direction made under sub-section (3), or sub-section (4) of that section kept in Form F;
(h) Words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.
3. Form of application. -Applications under sub-section (2) of Sec. 15 by or on behalf of an employed person or group of employed persons shall be made in duplicate in Form A, Form B or Form C, as the case may be, one copy of which shall bear such court-fee as may be prescribed.
4. Authorization. -The authorization to act on behalf of an employed person or persons, under Sec. 15, shall be given by a certificate in Form D, shall be presented to the Authority hearing the application and shall form part of the record.
5. Permission to appear. -Any person desiring the permission of the authority to act on behalf of any employed person or persons shall present to the authority a brief written statement explaining his interest in the matter, and the Authority shall record an order on the statement, which in the case of refusal shall include reasons for the order, and shall incorporate it in the record.
6. Presentation of documents. -
(1) Applications or other documents relevant to an application may be presented in person to the authority at any time during hours to be fixed by the authority, or may be sent to him by registered post.
(2) The authority shall at once endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be.
7. Refusal to entertain application. -
(1) The authority may refuse to entertain an application presented under rule 6, if after giving the applicant an opportunity of being heard, the Authority is satisfied, for reasons to be recorded, in writing that-
(a) The applicant is not entitled to present an application, or
(b) The application is barred by reason of the provisions in the provision to sub-section (2) of Sec. 15, or
(c) The applicant shows no sufficient cause for making a direction under Sec. 15.
(2) The authority may refuse to entertain an application which is insufficiently stamped or is otherwise incomplete and, if he so refuses, shall return it at once with an indication of the defects, if the application is presented again after the defects have been made good, the date of representation shall be deemed to be the date of presentation for the purpose of the proviso to sub-section (2) of Sec. 15.
(l) If the application is entertained, the Authority shall call upon the employers by a notice in Form E to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.
(2) If the employer or his representative fails to appear on the specified date, the Authority may proceed to hear and determine the application ex parte.
(3) If the applicant fails to appear on the specified date, the authority may dismiss the application:
Provided that an order passed under sub-rule (2) or sub-rule (3) may be set aside and the application reheard on good cause being shown within one month of the date of the said order, notice being served on the opposite party of the date fixed for rehearing.
(1) The Authority shall in all cases enter the particulars indicated in Form F and at the time of passing orders shall sign and date the Form.
(2) In a case where no appeal lies, no further record shall be necessary.
(3) In a case where an appeal lies, the authority shall record the substance of the evidence and shall append it under his signature to the record of order or direction.
10. Signature on forms. - Any form, other than the record of order or direction, which is required by these rules to be signed by the Authority, may be signed under his direction and on his behalf by any officer subordinate to him appointed by him in writing for this purpose.
11. Exercise of powers. -In exercising the powers of Civil Court conferred by Sec. 18 of the Authority shall be guided in respect of procedure by the relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alterations as the Authority may find necessary, not affecting their substance for adapting them to the matter before him, and save where they conflict with express provisions of the Act or these rules.
12. Appeals. -
(1) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed court-fee, setting forth concisely the grounds of objection to the order dismissing either wholly or in part an application made under sub-section (2) of Sec. 15 or a direction made under sub-section (3) or sub-section (4) of that section, as the case may be, and shall be accompanied by a certified copy of the said order or direction.
(2) When an appeal is lodged a notice shall issue to the respondents in Form G.
(3) The Court after hearing the parties and after such further inquiry, if any, as it may deem necessary, may confirm, vary, or set aside the order or direction from which the appeal is preferred, and shall make an order accordingly.
1[12-A. Order or direction when to be made: -The authority or the Court, as the case may be, after the case has been heard, shall make the order or direction either at once or, as soon thereafter as may be practicable, on some future day; and when the order or direction is to be made On some future day, it shall fix a date for the purpose of which due notice shall be given to the parties or their pleaders.]
1. Ins.
by S.O. 2410, dated 14th July 1970, published in the Gazette of India, Pt. II,
Sec. 3 (ii), dated 18th July, 1970.
13. Inspection of documents: -Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of Sec. 15 to apply for a direction, shall be entitled to inspect any application, memorandum of appeal, or any other document filed with the authority or the Court, as the case may be, in a case to which he is a Party and may obtain copies thereof on the Payment of such fees as may be Prescribed.
Form
of Individual Application
[See sub-section (2) of Sec. 15 of the Payment of wages Act]
In the Court of the authority appointed under the Payment of Wages Act (IV of 1936) for ..area
Application
No
.of
19
..
Between A.B.C applicant
(through a legal practitioner.
An official of)
which is a registered trade union).
and X,Y,Z, opposite- party.
1. A.B.C. is a person employed in on the
factory
railway entitled.
industrial establishment:
and resides at :
The address of the applicant for the service of all notices and processes is:
2. X.Y.Z., the Opposite party, is the person responsible for the Payment of his wages under Sec. 3 of the Act, and his address for the service of all notices and processes is:
3.
(1) The applicants wages have not been paid, for the following wage Period (s) (give dates)
Or a sum of Rs has been unlawfully deducted from his wages of (amount) for the wage period (s), which ended on [give Date (s)].
(2) [Here give any further claim or explanation.)
4. The applicant estimates the value of the relief sought by him at the sum of rupees
5. The applicant prays that a direction may be issued under sub-section (3) of Sec. 15 for:
(a) Payment of his delayed wades as estimated or such greater or lesser amount as the Authority may find to be due.
Or Refund of the amount illegally deducted.
(b) Compensation amounting to
The applicant certifies that the statement o fact contained in this application is to the best of his knowledge and belief accurate.
Signature or thumb-impression of
the employed person, or legal
practitioner, or official of a registered
trade union duly authorised.
Form of Group Application
[See sub-section (2) of Sec. 15 and Sec. 16 of the Payment of Wages Act.]
In the Court of the authority appointed under the Payment of Wages Act (IV of 1936) for area
Application No .. of 19.
Between A.B.C. and (state the
number)
.others,
Applicants;
(Through A legal practitioner.
An official of
................................. Which is a registered trade union).
And X.Y.Z .. , opposite party.
The applicants state as follows:
1. The applicants whose names and permanent addresses appear in the attached.
Schedules
are person employed in the factory
On railway
Entitled
Industrial establishment
and reside at
The address of the applicants for service of all notices and processes is:
2. X.Y.Z., the opposite party, is the person responsible for the payment of wages under Sec. 3 of the Act and his address of the service of all notices and processes is:
3. The applicants wages have not been paid I-or the following wages-period (s):
4. The applicants estimate the value of the relief sought by them at the sum of rupees:
5. The applicants pray that a direction may, be issued under sub-section (3) of Sec. 15 for:
(a) Payment of the applicants delayed wages as estimated ................... or such greater or lesser amount as the Authority may find to be due.
(b) Compensation amounting to
The applicants certify that the statement of facts contained in the application is to the best of their knowledge and belief accurate.
Signature or thumb-impression of two of the
applicants or legal practitioner, or an official of a registered trade union
duly authorised.
1[SCHEDULE
|
S. No. (1) |
Name of the applicant (2) |
Permanent address (3) |
1. Subs. by S.O, 2334, dated 14th September 1960
Form of
Application by an Inspector or person permitted by
The authority or
authorised to act
[See sub-section (2) of Sec. 15 and Sec. 16 of the Payment of Wages Act.]
In the Court of the Authority appointed under the Payment of Wages Act, for: ................. area
Application No: of 19 ..
Between
A.B.C., [(designation) an Inspector under the Payment of Wages Act] for the Person
Permitted by the authorised to act under sub-section (2) of Sec. 15].
Authorised
.................. Applicant.
and
X, Y, Z ..the opposite party.
The applicant states as follows:
1. X, Y, Z, the opposite party is the person responsible under the Act for the payment of wages to the following [persons whose names and permanent addresses are given below:
(1)
(2)
(3)
(4)
2. His address for the service of all notices and processes is
3. The wages of the said person(s) due in respect of the following wage period (s) have not been paid.
Have been subject to the following illegal deductions
4. The applicant estimates the value of the relief sought for the person (s)
Employed at the sum of Rs: .
5. The applicant prays that a direction may be issued under sub- section (3)
of Sec. 15 for:
(a) Payment of the delayed wages as estimated or such greater or lesser
Amount as the Authority may find to be due.
Or Refund of the amount illegally deducted.
(b) Compensation amounting to ..
The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and relief accurate.
Signature.
Certificate of
Authorization
I/We employed person (s) hereby authorise a legal a legal practitioner which is a
an official of
Registered trade union to act on My/Our behalf under Sec. 15, and Sec. 17 of the payment
of Wages Act (IV of 1936) in respect of the claim against on account of the Account of the
delay in payment of My/Our wages for ..
illegal deductions from roman of
Witnesses Signature
(1) (1)
(2) (2)
(3) (3)
(4) (4)
I accept the authorization. Signature.
Official of a registered trade union
NOTICE FOR THE DISPOSAL OF APPLICATION
To
Whereas under the Payment of Wages Act, 1936 (IV of 1936) a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person, or by any person duly instructed, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to ................................................................ .. answer all such question, on the ....................... day of 19... at... oclock in the ................................................... forenoon/afternoon to answer to answer the claim; and as the day fixed for your appearance produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence.
Given under my hand and seal, this day of 19
Seal. Authority
RECORD
OF ORDER OR DIRECTION
(1) Serial number: .
(2) Date of the application: .
(3) Name or names, parentage, address, or addresses of the applicants, or some, or all of the applicants belonging to the same unpaid group
(4) Name and address of the employer:
(5) Amount claimed:
(a) As delayed wages: Rs: .
(b) As deducted from wages: Rs
(6) Plea of the employer and his examination (if any):
Rs.
(8) Amounts awarded-
(a) Delayed wages: .
(b) Deducted wages:
(9) Compensation awarded: ..
(10) Penalty imposed: .
(11) Costs awarded to-
(i) Court-fee charges
(ii) Pleaders fee
(iii) Witnesses expenses
1[12. Date by which the amount awarded shall be paid.]
Signed: .
Dated: ..
Note:-In cases where an appeal lies attach on a separate sheet the substance of the evidence.
1. Ins by S.O.
2410, dated 14th July 1970, published in the gazette of India pt.
II, Sec. 3 (iii), dated 18th July 1970.
Notice
to respondent of the day fixed for the hearing of the
Appeal
under Sc. 17 of the Payment of Wages Act, 1936
Appeal from the decision of the authority for the . area, dated the .. day of 19
To,
Respondent,
Take notice that an appeal of which a copy is enclosed, from the decision of the authority for area has been presented by X.Y.Z. (and others), and registered in this Court, and that the day of ......... 19.... has been fixed by this Court for the hearing of the appeal.
If no appearance is made on your behalf by yourself, or by some one by law authorised to act for you in this appeal, it will be heard and decided in your absence.
Given under my hand and the seal of the Court, this day of 19. .
Seal of the Court Judge