Discuss the remedy available to the worker who has been paid less than the minimum rates of wages. Who can be appointed as authority to decide claims under the Act?

Question: Discuss the remedy available to the worker who has been paid less than the minimum rates of wages. Who can be appointed as authority to decide claims under the Act?

Find the question and answer of Labour Law only on Legal Bites. [Discuss the remedy available to the worker who has been paid less than the minimum rates of wages. Who can be appointed as authority to decide claims under the Act?]

Answer

The Payment of Wages Act, 1936 provides for the minimum rates of wages to be paid to workers in certain industries and occupations. In case an employer pays less than the minimum rate of wages, the worker has a right to claim the unpaid wages. The Act provides for a remedy to such workers in the form of a claim before the authority appointed under the Act.

The remedy available to a worker who has been paid less than the minimum rates of wages is to file a claim before the authority appointed under the Act. The worker may file a claim within six months from the date on which the minimum wages became payable. The claim should be in writing and should specify the amount of wages claimed, the reasons for the claim, and any other relevant information.

The authority appointed under the Act to decide claims is the authority specified by the appropriate government. The appropriate government may appoint any officer, not below the rank of a labour commissioner, as the authority to decide claims under the Act. The authority has the power to inquire into the claim, summon witnesses, examine documents, and take any other steps necessary to decide the claim.

Once the claim is filed, the authority will issue a notice to the employer, who will be given an opportunity to file a written statement and present evidence. The authority will then hear both sides and decide the claim. If the claim is allowed, the authority will direct the employer to pay the unpaid wages and may also impose a penalty on the employer.

If the employer fails to comply with the order of the authority, the worker may file an application for the recovery of the unpaid wages before a magistrate. The magistrate will then proceed to recover the unpaid wages as if it were a fine imposed by him.

In conclusion, the remedy available to a worker who has been paid less than the minimum rate of wages is to file a claim before the authority appointed under the Act. The authority has the power to inquire into the claim, hear both sides and decide the claim. The Act provides for a robust mechanism to ensure that workers are paid their due wages, and the appointment of an independent authority ensures that workers can seek redressal of their grievances in an efficient and effective manner.