Payment of Wages Act

No. L. 3067 - In exercise of the powers conferred by sub-section (1) of section 26 of the Payment of Wages Act, 1936 (IV of 1936), read with section 22 of the General Clauses Act, 1897 (X of 1897), the Government-General-in-Council is pleased to make the following rules, the same having been previously published as are required by sub-section (5) of section 26 the first-named Act, namely :-

1. Short title - (1) These rules may be called the Payment of Wages (Procedure) Rules,1937.

(2) They extend to the whole of India except the State of Jammu and Kashmir.

2. Definitions - In these rules, unless, there is anything repugnant in the subject or context -

(c) "the Authority" means the authority appointed under sub-section (1) of section 15 ;

(d) "the Court" includes the person responsible for the payment of wages under section 17;

(e) "employer" includes the person responsible for the payment of wages under section 3

(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 section 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 - Application under sub-section (2) of section 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 which shall bear such court-fee as may be prescribed.

4. Authorisation - The authorisation to act on behalf of an employed person or persons, under section 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.

1. Word "and" omitted and clauses (la) and (lb) added by Act 38 of 1982, S.14.
2. Ins. by ibid., S. 14.

PAYMENT OF WAGES (PROCEDURE) RULES

(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 section 15, or

(c) the applicant shows no sufficient cause for making a direction under section 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 gain 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 provisos to sub-section (2) of section 15.

8. Appearance of parties - (1) If the application is entertained, the authority shall call upon the employer by a notice in Form E to appear before him on a specified date together with all relevant documents and witness, 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, exparte.

(3) If the applicant falls 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.

9. Record of proceedings - (1) The authority shall in all case 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 in Form F.

10. Signature on forms - Any form, other that the record of order or direction which is required by the 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 section 18, the authority shall be signed in respect of procedure by the relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alternation as the authority such alternation as the authority may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provisions of the Act or these rules.

12. Appeals - (1) Any 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 section 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.

1. Word "and" omitted and clauses (la) and (lb) added by Act 38 of 1982, S.14.
2. Ins. by ibid., S. 14.

PAYMENT OF WAGES ACT

(2) When an appeal is lodged a notice shall issue to the respondent 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.

[12-A. Order of 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 give to the parties or their pleaders.]

13. Inspection of document - Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of section 15 to apply for a direction, shall be entitled to inspect any application, memorandum or 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 - A

FORM OF INDIVIDUAL APPLICATION

[See sub-section (2) of section 15 of the Payment of Wages Act]

In the Court of the Authority appointed under the Payment of Wages Act, 1936 (IV of 1936), for area

Application No.

of 19

Between

A,B,C

Applicant

(through
a legal practitioner/an official of
Union).

which is a registered Trade

AND

X,Y,Z

Opposite party

The applicant states as follows :

1. A,B,C is a person employed in/on the Factory/Railway/industrial establishment entitled and resides and
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 section 3 of the Act, and his address for the service of all notices and process is.

3. (1) The applicant's wages have not been paid for the following wage period(s) [give data(s)].
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 section 15 for -

(a) payment of his 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 ;

1. Ins. by SO 2410/PWA/ Pro Rules/AM, Dated 6-7-1970.