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Class Notes- Industrial Relations

Payment of Wages Act, 1936

Delay in the payment of wages, deductions of two days wages-for one day's absence,
heavy fines for small omissions and commissions, were quite common. Irregularities
committed by employers were brought to the notice of the Royal Commission of Labour in
India. In the report submitted in 1931, the Commission pointed out wide prevalence of such
unfair practices in regard to the payments of wages due to workers such as non-payment of
wages, short payment, irregular payment., payment in kind rather than in cash, short
measurement of work of piece rate workers, and excessive fines and deductions. The
Commission stressed the need for protecting the earned ages of workers by elimination of
these practices.
In pursuance of the recommendations of the Commission, the Payment of Wages
Act, was passed in 1936, and it come into force on 28th March, 1937. It has since been
amended several times.

Objective of the Act

The Payment of Wages Act regulates the payment of wages to certain classes of
persons employed in industry and its importance cannot be under-estimated.
The Act guarantees payment of wages on time and without any deductions except
those authorised under the Act.
The Act provides for the responsibility for payment of wages, fixation of wage
period, time and mode of payment of wages, permissible deduction.
Duty to seek the approval of the Government for the acts and permission for which
fines may be imposed by employer and also sealing of the fines, and
A Machinery to hear and decide complaints regarding the deduction from wages or
in delay in payment of wages, penalty for malicious and vexatious claims.

Applicability
1. The Act applied to persons whose wages do not exceed Rs. 24000/- per month and who
are employed in-
(a) Any factory;
(b) Any railway by a railway administration either directly or through a sub-contractor;
(c) Any industrial establishment or any class or group of industrial establishments defined in
the Act.
2. It extends to the whole of India.
3. The State Government may after giving three months' notice of its intention of so doing
by notification in the Official Gazette extend the provisions of this Act or any of them to the
payment of wages to any class of persons employed in any establishment of class of
establishments.
Provided that in relation to any such establishment owned by the Central
Government no such notification shall be issued except with the concurrence of that
government.
This Act applies to wages payable to an employed person in respect of a wage period
if such wages for that wage period do not exceed Rs. 24000/- per month or such other
higher sum which, on the basis of figures of the Consumer Expenditure Survey published by
the National Sample Survey Organisation, the Central Government may, after every five
years, by notification in the Official Gazette, specify.
The Act does not apply to persons whose wage is Rs. 24,000/- or more per month.
The Act also provides to the effect that a worker cannot contract out of any right conferred
upon him under the Act.

Industrial or other establishment

“Industrial or other establishment"[sec 2 (i1)] means any -
(a) tramway service or motor transport service engaged in carrying passengers or goods or
both by road for hire or reward;
(aa) air transport service other than such service belonging to or exclusively employed in the
military naval or air forces of the Union or the Civil Aviation Department of the Government
of India;
(b) Dock wharf or jetty;
(c) inland vessel mechanically propelled;
(d) mine quarry or oil-field;
(e) plantation;
(f) workshop or other establishment in which articles are produced adapted or
manufactured with a view to their use transport or sale;
(g) establishment in which any work relating to the construction development or
maintenance of buildings roads bridges or canals or relating to operations connected with
navigation irrigation or to the supply of water or relating to the generation transmission and
distribution of electricity or any other form of power is being carried on;
(h) any other establishment or class of establishments which the Central Government or a
State Government may have regard to the nature thereof the need for protection of
persons employed therein and other relevant circumstances specify by notification in the
Official Gazette.

Wages
The term “wages” has been defined under the Industrial Disputes Act, 1947 under Section
2 (gg) (rr) means all remuneration (whether by way of salary allowances or otherwise)
expressed in terms of money or capable of being so expressed which would if the terms of
employment express or implied were fulfilled by payable to a person employed in respect of
his employment or of work done in such employment and includes -
(a) any remuneration payable under any award or settlement between the parties or
order of a court;
(b) any remuneration to which the person employed is entitled in respect of overtime
work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether
called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is
payable under any law contract or instrument which provides for the payment of such sum
whether with or without deductions but does not provide for the time within which the
payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under
any law for the time being in force.

The expression "Wages" does not include:

1. The Bonus declared voluntarily on the basis of profits, and the bonus (whether
under a Scheme of profit sharing-or otherwise) which does not form part of the
remuneration payable under the terms of employment, or which is not payable
under any award or settlement between the parties or order of a Court;
2. The value of any house accommodation, of the supply of water, light, medical
attendance, or other amenity or any service excluded from the computation of
wages by a general or specific order of the State Government;
3. Any contribution paid by the employer to any pension or provident fund, and the
interest accrued thereon;
4. Any travelling allowance or the value of any travelling concession;
5. Any sum paid to the employed person to defray special expenses entailed on
him by the nature of his employment;
6. Any gratuity payable on the termination of employment;
7. Whether house rent are wages depends on terms of contract. It is so, if its
payment is compulsory, otherwise it is not.
8. The term "wages" means wages earned and not potential wages.
 9. No other meaning can be assigned to the term "wages" than is mentioned in the
definition.

Responsibility for payment of wages

[Section 3]
Every employer shall be responsible for the payment to persons employed by him of all
wages required to be paid. In the case of

• Factory- manager of that factory shall be liable to pay the wages to employees
employed by him.
• Industrial or other establishments, persons responsibility of supervision shall be
liable for the payment of the wage to employees employed by him.
• Railways, a person nominated by the railway administration for specified area shall
be liable for the payment of the wage to the employees.
• Contractor, a person designated by such contractor who is directly under his charge
shall be liable for the payment of the wage to the employees. If he fails to pay wages
to employees, person who employed the employees shall be liable for the payment
of the wages.
With the consultation of the central government, state government having power and
can change the person responsible for the payment of the wages in Railways, or person
responsible to daily-rated workers in the Public Works Department of the Central
Government or the State Government.

Fixation of wage-periods
[Section 4]
Every person responsible for the payment of wages under section 3 shall fix periods
in respect of which such wages shall be payable.
No wage-period shall exceed one month. That means wage can be paid on daily,
weekly, fortnightly (for every 15 days) and monthly only. Wage period for payment of wages
to employees by employer should not exceed 30days i.e. one month according to this act.
But wages cannot be paid for quarterly, half yearly or once in a year.

Time of Payment of Wages

[Section 5]

• Railway, factory or industrial or other establishment- if there are less than 1000
employees, wages of employees should be paid before the expiry of the 7th day
after the last day of the wage period. (ex:- wages should be paid on starting of
present month within 7 days i.e. before 7th date if wage is paid on 1st in previous
month )
 • Other railway factory or industrial or other establishment, if there are more than
1000 employees, wages of employees should be paid before the expiry of the 10th
day after the last day of the wage period. (example:- wages should be paid on
starting of present month within 10 days i.e. before 10th date if wage is paid on 1st
in previous month )
• For employees of port area, mines, wharf or jetty, wages of employees should be
paid before the expiry of the 7h day after the last day of the wage period.
• If the employee is terminated or removed for the employment by the employer the
wage of that employee should be paid within 2 days from the day on which he was
removed or terminated.
Illustration: if the employee was terminated or removed from the employment by
the employer on 10th of this month, his wage should be paid within 2 days from the
day on which he was removed or terminated, i.e. his/her wage should be paid by
12th date of this month and this date should not exceed.
Except the payment of wage of the terminated employee, all the wages of the
employees should be paid by their employer on the working day only.

Mode of payment
Section 6. (THE PAYMENT OF WAGES (AMENDMENT) ACT, 2017)
All wages shall be paid in current coin or currency notes or by cheque or by crediting the
wages in the bank account of the employee.
Provided that the appropriate Government may, by notification in the Official
Gazette, specify the industrial or other establishment, the employer of which shall pay
to every person employed in such industrial or other establishment, the wages only by
cheque or by crediting the wages in his bank account."

Deductions which may be made from wages

At the time of payment of the wage to employees, employer should make
deductions according to this act only. Employer should not make deductions as he like.
Every amount paid by the employee to his employer is called as deductions.
The following are not called as the deduction

• Stoppage of the increment of employee.

• Stoppage of the promotion of the employee.
• Stoppage of the incentive lack of performance by employee.
• Demotion of the employee
• Suspension of the employee
The above said actions taken by the employer should have good and sufficient cause.
Deductions
[Sec 7 (2)]
Deduction made by the employer should be made in accordance with this act only. The
following are said to be the deductions and which are acceptable according to this act.

• Fines,
• Deductions for absence from duty,
• Deductions for damage to or loss of goods made by the employee due to his
negligence,
• Deductions for house-accommodation supplied by the employer or by government
or any housing board,
• Deductions for such amenities and services supplied by the employer as the State
Government or any officer,
• Deductions for recovery of advances connected with the excess payments or
advance payments of wages,
• Deductions for recovery of loans made from welfare labour fund,
• Deductions for recovery of loans granted for house-building or other purposes,
• Deductions of income-tax payable by the employed person,
• Deductions by order of a court,
• Deduction for payment of provident fund,
• Deductions for payments to co-operative societies approved by the State
Government,
• Deductions for payments to a scheme of insurance maintained by the Indian Post
Office
• Deductions made if any payment of any premium on his life insurance policy to the
Life Insurance Corporation with the acceptance of employee,
• Deduction made if any contribution made as fund to trade union with the
acceptance of employee,
• Deductions, for payment of insurance premia on Fidelity Guarantee Bonds with the
acceptance of employee,
• Deductions for recovery of losses sustained by a railway administration on account
of acceptance by the employee of fake currency,
• Deductions for recovery of losses sustained by a railway administration on account
of failure by the employee in collections of fares and charges,
• Deduction made if any contribution to the Prime Minister’s National Relief Fund with
the acceptance of employee,
• Deductions for contributions to any insurance scheme framed by the Central
Government for the benefit of its employees with the acceptance of employee,
Limit for deductions
[Sec 7 (3)]
The total amount of deductions from wages of employees should not exceed 50%, but only
in case of payments to co-operative societies, deduction from wages of employee can be
made up to 75%.

Fines
[Sec 8]
Fine should be imposed by the employer on employee with the approval of the state
government or prescribed authority. Employer should follow the rules mentioned below for
and before imposing of fine on the employee.

• Notice board of fines on employee should be displayed in the work premises and it
should contain activities that should not be made by employee.
• Fine should not be imposed on the employee until he gives the explanation and
cause for the act or omission he made.
• Total amount of fine should not exceed 3% of his wage.
• Fine should not be imposed on any employee who is under the age of 15 years.
• Fine should be imposed for one time only on the wage of the employee for the act or
omission he made.
• Fines should not be recovered in the way of installments from the employee.
• Fine should be recovered within 60 days from the date on which fine were imposed.
• Fine should be imposed on day act or omission made by the employee.
All fines collected from the employee should be credited to common fund and utilize for
the benefit of the employees.

Deduction for absence from duty

[Sec 9]

• Deductions can be made by the employer for the absence of duty by the employee
for one day or for any period.
• The amount deducted for absence from the duty should not exceed a sum which
bears the same relationship to the wage payable in respect of the wage-period as
this period of absence does to such wage-period. (Example: if the salary of an
employee is 6000/- per month and he was absent for duty for one month. Deduction
from the salary for absence of duty should not exceed 6000/-)
• Employee present for the work place and refuses to work without proper reason
shall be deemed to be absent from duty.
• If 10 or more persons together absent for the duty without any notice and without
reasonable cause, employer can make 8 day of wages as deduction from their wage.
Deduction for damage or loss
[Sec 10]
Employer should give an opportunity to the employee to explain the reason and
cause for the damage or loss happened and deductions made by employer from the
employee wage should not exceed the value or amount of damage or loss made by the
employee.
[Sec 10 (2)] All such deduction and all realizations thereof shall be recorded in a register to
be kept by the person responsible for the payment of wages under section 3 in such form as
may be prescribed.

Deduction for services rendered

[Sec 11]
House-accommodation amenity or service provided by the employer should be
accepted by the employee, than only the employer can make deduction from the wage of
the employee. Deduction should not exceed an amount equivalent to the value of the
house-accommodation amenity or service supplied.

Deduction for recovery of advances

[Sec 12]
In case of advance paid to the employees by the employer before employment began, such
advance should be recovered by the employer from the first payment of the wages /salary
to the employee. But employer should not recover the advance given for the travelling
expense for the employee.

Deduction for recovery of Loans

[Sec 12A]
Deductions for recovery of loans granted for house-building or other purposes shall be
subject to any rules made by the State Government regulating the extent to which such
loans may be granted and the rate of interest payable thereon.

Deduction for payments to Co-operative societies and

insurance schemes
[Sec 13]
Deductions for payments to co-operative societies or deductions for payments to scheme of
insurance maintained by the Indian Post Office or with employee acceptance deductions
made for payment of any premium on his life insurance policy to the Life Insurance
Corporation shall be subject to such conditions as the State Government may impose.
Maintenance of Registers and records
[Sec 13A]
Every employer should maintain such registers and records giving such particulars of
persons employed by him, the work performed by them, the wages paid to them, the
deductions made from their wages, the receipts given by them and such other particulars
and in such form as may be prescribed.
Every register and record required to be maintained and preserved for a period of three
years after the date of the last entry made therein. It means for every transaction made
within employer and employee should have 3 years of record.

Inspectors
Inspectors. [Sec 14]
The state government may appoint an inspector for purpose of this act. Every Inspector
shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860
[Sec 14(5)]. The inspector of this act is having powers mentioned below-

• Inspector can make enquiry and examination whether the employers are properly
obeying the rules mentioned under this act.
• Inspector with such assistance, if any, as he thinks fit, enter, inspect and search any
premises of any railway, factory or industrial or other establishment at any
reasonable time for the purpose of carrying out the objects of this Act.
• Inspector can supervise the payment of wages to persons employed upon any
railway or in any factory or industrial or other establishment.
• Seize or take copies of such registers or documents or portions thereof as he may
consider relevant in respect of an offence under this Act which he has reason to
believe has been committed by an employer.

Facilities to be afforded to Inspectors. [Sec 14A]

Every employer shall afford an Inspector all reasonable facilities for making any
entry, inspection, supervision, examination or inquiry under this Act.

Claims arising out of deductions from wages or delay in

payment of wages and penalty for malicious or vexatious
claims
[Sec 15] (2005 amendments)
To hear and decide all claims arising out of deductions from the wages, or delay in payment
of the wages, of persons employed or paid, including all matters, incidental to such claims,
there will be a officer mentioned below appointed by the appropriate government.
(a) any Commissioner for Workmen's Compensation; or
(b) any officer of the Central Government exercising functions as –
(i) Regional Labour Commissioner; or
(ii) Assistant Labour Commissioner with at least two years' experience; or
(c) any officer of the State Government not below the rank of Assistant Labour
Commissioner with at least two years' experience; or
(d) 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
(e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as
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, of persons employed or paid in that
area, including all matters incidental to such claims:

• Appropriate 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.
• If any employer does opposite to the provisions of this act, any unreasonable
deduction has been made from the wages of an employed person, or any payment of
wages has been delayed, in such case any lawyer or any Inspector under this Act or
official of a registered trade union authorized to write an application to the authority
appointed by government for direction of payment of wages according to this act.
• Every such application shall be presented within 12 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. Time of making an application can be accepted if
there is reasonable cause.
• After receiving of the application the authority shall give an opportunity to hear the
applicant and the employer or other person responsible for the payment of wages and
conducts the enquiry if necessary. It is found that there is mistake with employer;
authority shall order the employer for payment of the wage or refund to the
employee of the amount deducted unreasonably or the payment of the delayed
wages, together with the payment of such compensation as the authority may think
fit. There will not be any compensation payable by employer if there is a reasonable
and genuine cause in delay in the payment of wages.

POWERS OF AUTHORITIES APPOINTED [Section 18]

Taking evidence and of enforcing the attendance of witnesses and compelling the
production of documents.
SINGLE APPLICATION IN RESPECT OF CLAIMS FROM UNPAID GROUP. [Section 16]
 There is no necessity of many applications if there are many employees whose
wages has not been paid. Such all employees can make one application to the authority for
payment of wages according to this act.

Appeal
[Section 17]
In the following situation the parties who ever dissatisfied can appeal to the district court

• If the application dismissed by above authorities

• Employer imposed with compensation exceeding 300/- rupees by the authorities.
• If the amount exceeding 25/- rupees withheld by the employer to single unpaid
employee. 50/- in case of many unpaid employees

Penalty for offences under the act

[Section 20] (2005 amendments)

Reasons for penalty-

• Delay in payment of wages
• Un reasonable deductions
• Excess deduction for absence of duty
• Excess deduction for damage or loss to employer
• Excess deduction for house-accommodation amenity or service

Punishable with fine which shall not be less than 1000/- rupees but which may
extend to 7500/- rupees.
• If Wage period exceed one month.
• Failure in payments of wages on a working day.
• Wages not paid in form of current coin or currency notes or in both.
• Failure to maintain record for collected fines from employee.
• Improper usage of fine collected from employees.
• Failure of employee to display notice containing such abstracts of this Act and of the
rules made.

Punishable with fine which may extend 3000/- rupees

• Whoever obstructs an Inspector in the discharge of his duties under this Act
• Whoever willfully refuses to produce on the demand of an Inspector any register or
other document.
• Whoever refuses or willfully neglects to afford an Inspector any reasonable facility
for making any entry, inspection, examination, supervision, or inquiry authorized by
or under this Act
Punishable with fine which shall not be less than 1000/- rupees but which may
extend to 7500/- rupees
• Whoever repeats the same offence committed before.
• Imprisonment for a term which shall not be less than one month but which may
extend to 6 months and fine which shall not be less than 3750/- rupees but which
may extend 20500/-rupees.

Payment of undisbursed wages in case of death of employed

person
[Sec 25A]

• Paid by the employer to the person nominated by the employee.

• Wage deposited by the employer with the prescribed authority, the employer shall
be discharged of his liability to pay those wages.
• Where no such nomination has been made or where for any reasons such amounts
cannot be paid to the person so nominated, be deposited with the prescribed
authority who shall deal with the amounts so deposited in such manner as may be
prescribed.