Payment of Wages Act’1936

PAYMENT OF WAGES ACT, 1936 [4 OF 19361] With State Amendments An Act to regulate the payment of wages to certain classes of 2[employed persons] Whereas it is expedient to regulate the payment of wages to certain classes of 2[employed persons]. It is hereby enacted as follows :— Short title, extent, commencement and application. 1. (1) This Act may be called the Payment of Wages Act, 1936. 3[(2) It extends to the whole of India 4[***]. ] (3) It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint. 4) It applies in the first instance to the payment of wages to persons employed in any 6[factory, to persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration 7[, and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2]. 5) 7a[Appropriate Government] may, after giving three months’ notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of 8[this Act] or any of them to the payment of wages to any class of persons employed in 9[any establishment or class of establishments specified by the 9a[appropriate Government] under sub-clause (h) of clause (ii) of section 2]: 10[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 six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organi-sation, the Central Government may, after every five years, by notification in the Official Gazette, specify. ] STATE AMENDMENTS MAHARASHTRA Sub-section (6) – In sub-section (6) of section 1 for the words “one thousand six hundred rupees” the words “six thousand five hundred rupees” shall be substituted – Maharashtra Act No.
XXXIII of 2005. WEST BENGAL Sub-section (6) – Sub-section (6) of section 1 shall be omitted – West Bengal Act No. XXVIII of 1993. Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,— 11a[(i) 11[(6) “appropriate Government” means, in relation to railways, air transport services, mines and oil-fields, the Central Government and, in relation to all other cases, the State Government;] “employed person” includes the legal representative of a deceased employed person; “employer” includes the legal representative of a deceased employer; 2[12a[(ia)] 12b[(ib)] 12b[(ic)] “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;] 13[“industrial (ii) or other establishment” means] any,— 14[(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;] 15[(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; 16[(g) stablishment, 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 the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on; any other establishment or class of establishments which 17a[appropriate Government] may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;] 17[(h) 18[(iia) mine” has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);] has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);] 19[(iii)“plantation” (iv) “prescribed” means prescribed by rules made under this Act; 19a[(v) “railway administration” has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989 (24 of 1989);] and “wages” means all remuneration (whether by way of salary, allowance or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of mployment, express or implied, were fulfilled, be 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, 20[(vi) but does not include— (1) any 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, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of 20a[appropriate Government]; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have 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; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d). ] STATE AMENDMENTS MADHYA PRADESH After clause (i) the following clause shall be inserted, namely :— “(ia) ‘Industrial Court’ means the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960);”, and After clause (ii), the following clause shall be inserted, namely:— “(iia) ‘legal representative’ means the person who in law represents the estate of deceased employed person;” – Madhya Pradesh Act No. 2 of 1964.

MAHARASHTRA After clause (ii) the following new clause shall be inserted, namely :— “(iia) ‘legal representative’ means the person who in law represents the estate of a deceased employed person;”; For clause (iii) the following shall be substituted, namely :— “(iii) ‘plantation’ means,— (a) any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, or (b) any farm which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar : Provided that on such estate or farm twenty-five or more persons are engaged for the purpose;” – Maharashtra Act No. 48 of 1955. TAMIL NADU In clause (ii) of section 2— (i) in item (a), after the words “omnibus service” the words “or motor or other transport undertaking” shall be added; (ii) after item (g), the following item shall be added, namely :— “(h) establishment or undertaking which the State Government may, by notification in the Official Gazette, declare to be an industrial establishment for the purposes of this Act;” – Madras Act No. 9 of 1959. 21-23[Responsibility for payment of wages. 3. 1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,— (a) in factories, if a person has been named as the manager of the factory under clause (f) of subsection (1) of section 7 of the Factories Act, 1948 (63 of 1948); (b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments; (c) upon railways (other than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned; d) in the case of contractor, a person designated by such contractor who is directly under his charge; and (e) in any other case, a person designated by the employer as a person responsible for complying with the provisions of the Act, the person so named, the person responsible to the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment. (2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment. STATE AMENDMENTS MADHYA PRADESH For the proviso to section 3, the following proviso shall be substituted, namely :— “Provided that, in the case of persons employed (otherwise than by a contractor)— (a) in factories, if a person has been named as the manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), then the person so named and the employer jointly and severally; (b) in industrial establishments, if there is a person responsible to the employer for the supervision and control of the industrial establishment, then the person so responsible and the employer jointly and severally; (c) upon railway (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, then the person so nominated, shall be responsible for such payment” – Madhya Pradesh Act No. 2 of 1964.
MAHARASHTRA/GUJARAT In section 3 for the proviso, the following shall be substituted namely :— “Provided that, in the case of persons employed (otherwise than by a contractor)— (a) in factories, if a person has been named as the manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948, then the person so named and the employer jointly and severally; (b) in industrial establishments, if there is a person responsible to the employer for the supervision and control of the industrial establishment, then the person so responsible and the employer jointly and severally; (c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, then the person so nominated, shall be responsible for such payment” – Maharashtra Act No. 2 of 1953/Gujarat Act No. 26 of 1961. Fixation of wage-periods. 4. (1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable. (2) No wage-period shall exceed one month. Time of payment of wages. 5. (1) The wages of every person employed upon or in— (a) any railway, factory or 24[industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, (b) any other railway, factory or expiry of the tenth day, 24[industrial or other establishment], shall be paid before the fter the last day of the wage-period in respect of which the wages are payable : 25[Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion. ] (2) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: 25a[Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated. (3) 26[Appropriate Government] may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any, railway (otherwise than in a factory) 25a[or to persons employed as daily-rated workers in the Public Works Department of 26a[appropriate Government] from the operation of this section in respect of the wages of any such persons or class of such persons: 25a[Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government. ] (4) 27[Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working day. Wages to be paid in current coin or currency notes. 6.
All wages shall be paid in current coin or currency notes or in both: 28[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account. ] STATE AMENDMENTS ANDHRA PRADESH Section 6 In section 6, after the proviso, the following further proviso shall be inserted, namely :— “Provided further that the State Government may, by notification in the Andhra Pradesh Gazette, specify the industrial establishments, the employers of which shall pay to the persons employed therein, the wages either by cheque or by crediting the wages in their bank account. ” – Vide Andhra Pradesh Act No. 15 of 1982. GUJARAT Section 6 For section 6, the following shall be substituted, namely :— ‘6. Wages to be paid in current coin or currency notes. All wages shall be paid in current coin or currency notes, or in both: Provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed. Explanation : For the purposes of this section, the expression— (1) “wages” shall include any bonus of the description given in sub-clause (1) of clause (vi) of section 2; and (2) “bonus” means bonus payable to an employed person under the terms of employment or under an award or settlement or order of a court, and also includes any bonus of the description given in sub-clause (1) of clause (vi) of section 2’ – Gujarat Act No. 26 of 1961.
MAHARASHTRA Section 6 For section 6 the following shall be substituted, namely :— ‘6. Wages to be paid in current coin or currency notes. —All wages shall be paid in current coin or currency notes, or in both: Provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed. Explanation : For the purposes of this section, the expression— (1) “wages” shall include any bonus of the description given in sub-clause (1) of clause (vi) of section 2; and (2) “bonus” means bonus payable to an employed person under the terms of mployment or under an award or settlement or order of a court, and also includes any bonus of the description given in sub-clause (1) of clause (vi) of section 2. ’—Maharashtra Act No. 13 of 1961. ORISSA Section 6 To section 6 the following proviso shall be added, namely :— “Provided that when the amount of bonus payable to an employed person exceeds an amount equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed. ” Orissa Act No. 4 of 1961. PUNJAB Section 6 For section 6 the following section shall be substituted, namely :— ‘6. Wages to be paid in current coin or currency notes. All wages shall be paid in current coin or currency notes or in both: Provided that where the amount of any bonus payable to an employed person exceeds an amount of one hundred rupees for the year to which the bonus relates, fifty per cent of the amount of bonus in excess of one hundred rupees shall be paid or invested in the manner prescribed. Explanation : For the purposes of this section, the expression— (1) “wages” shall include any bonus of the description given in sub-clause (1) of clause (vi) of section 2; (2) “bonus” means bonus payable to an employed person under the terms of employment or under any award or settlement or order of court, and also includes any bonus of the description given in sub-clause (1) of clause (vi) of section 2. ’ – Punjab Act No. 15 of 1962. Deductions which may be made from wages. 7. 1) Notwithstanding the provisions of 28a[the Railways Act, 1989 (24 of 1989)], the wages of an employed person shall be paid to him without deductions of any kind except those authorized by or under this Act. 29[Explanation I] – Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages. 30[Explanation II – Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed of any of the following penalties, namely :— (i) the withholding of increment or promotion (including the stoppage of increment at an efficiency bar); (ii) the reduction to a lower post or time scale or to a lower stage in a time scale; or (iii) suspension, shall not be deemed to be a deduction from wages in any case where the rules ramed by the employer for the imposition of any such penalty are in conformity with the requirements, if any, which may be specified in this behalf by 30a[appropriate Government] by notification in the Official Gazette. ] (2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely :— (a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person or custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default; 31[(d) eductions for house accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (whether the Government or the board is the employer or not) or any other authority engaged in the business of subsidising house accommodation which may be specified in this behalf by 31a[appropriate Government] by notification in the Official Gazette;] (e) deductions for such amenities and services supplied by the employer as 32[***] 31a[appropriate Government] 33[or any officer specified by it in this behalf] may, by general or special order, authorize. Explanation – The word “services” in 34[this clause] does not include the supply of tools and raw materials required for the purposes of employment; 35[(f) deductions for recovery of advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages; ff) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by 31a[appropriate Government], and the interest due in respect thereof; (fff) deductions for recovery of loans granted for house-building or other purposes approved by 31a[appropriate Government], and the interest due in respect thereof;] (g) deductions of income-tax payable by the employed person; (h) deductions required to be made by order of a Court or other authority competent to make such order; (i) deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (19 of 1925) applies or any recognized provident fund as defined 35a[in clause (38) of section 2 of the Income-tax Act, 1961 (43 of 1961)], or any provident fund approved in this behalf by 31a[appropriate Government], during the continuance of such approval; 36[***] (j) deductions for payments to co-operative societies approved by 31a[appropriate Government] 37-38[or any officer specified by it in this behalf] or to a scheme of insurance maintained by the Indian Post Office; 39[and] 40[(k) eductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government;] 41[(kk) deductions made with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union registered under the Trade Unions Act, 1926 (16 of 1926) for the welfare of the employed persons or the members of their families, or both, and approved by 41a[appropriate Government] or any officer specified by it in this behalf, during the continuance of such approval; (kkk) deductions made, with the written authorisation of the employed person, for payment of the fees payable by him for the membership of any trade union registered under the Trade Unions Act, 1926 (16 of 1926);] 42[(l) deductions for payment of insurance premia on Fidelity Guarantee Bonds; (m) deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed person of counterfeit or base coins or mutilated or forged currency notes; (n) deductions for recovery of losses sustained by a railway administration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration, whether in respect of fares, reight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of sale of commodities in grain shops or otherwise; (o) deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds incorrectly granted by the employed person where such loss is directly attributable to his neglect or default;] 43[(p) deductions, made with the written authorisation of the employed person, for contribution to the Prime Minister’s National Relief Fund or to such other Fund as the Central Government may, by notification in the Official Gazette, specify; and] 44[(q) deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees. 45[(3) Notwithstanding anything contained in this Act, the total amount of deductions which may be made under sub-section (2) in any wage period from the wages of any employed person shall not exceed— (i) in cases where such deductions are wholly or partly made for payments to co-operative societies under clause (j) of sub-section (2), seventy-five per cent of such wages, and (ii) in any other case, fifty per cent of such wages: Provided that where the total deductions authorised under sub-section (2) exceed seventy-five per cent or, as the case may be, fifty per cent of the wages, the excess may be recovered in such manner as may be prescribed. (4) Nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than 45a[the Railways Act, 1989 (24 of 1989)]. STATE AMENDMENTS GUJARAT In section 7(2), in clause (k), the words “for being deposited in any Post Office Saving Bank” shall be deleted. – Gujarat Act No. 26 of 1961.
KARNATAKA In section 7, in sub-section (2), after clause (p), the following clause shall be added, namely :— “(q) deductions to recover from a person re-employed after the termination of his former employment any amount paid to him from a provident fund or as a gratuity on such termination: Provided that such recovery shall not exceed 20 per cent of total earnings. Reemployment in this context means employment under the same employer” Karnataka Act Nos. 2 of 1977 and 2 of 1982. KERALA In section 7, in sub-section (2), after clause (o), the following clause shall be inserted, namely :— “(p) deductions for repayment to the State Government of the amount of financial aid granted under the Kerala Financial Aid (To the Discharged or Dismissed Labour) Rules, 1958. ” – Kerala Act No. 34 of 1969. MADHYA PRADESH In sub-section (2) of section 7, after clause (e), the following clause shall be inserted, namely :— (ee) deduction with the written authorisation of the person employed, for payment of any subscription to any welfare scheme sponsored by the employees, whether with or without participation of employer, such as Employees Death Relief Scheme and approved by such authority and in such manner as may be prescribed;” – Madhya Pradesh Act No. 33 of 1976. MAHARASHTRA In section 7, in sub-section (2), in clause (d), after the word “employer” the following shall be added, namely :— “or the State Government, or the Bombay Housing Board constituted under the Bombay Housing Board Act, 1918, or such other agency as the State Government may, by notification in the Official Gazette, direct” – Bombay Act No. 37 of 1956. In sub-section (2), in clause (k), the words “for being deposited in any Post Office Savings Bank” shall be deleted – Maharashtra Act No. 13 of 1961.
In sub-section (2),— (a) in clause (j), the word “and” at the end shall be deleted; (b) after clause (k), the following new clause shall be added namely :— “(l) deductions made, with the consent of the person employed, for contribution towards any public charitable purpose which the State Government may, by notification in the Official Gazette, specify in that behalf;” – Maharashtra Act No. 42 of 1961. ORISSA In clause (d) of sub-section (2) of section 7, after the words “supplied by the employer” the words “or by the State Government or by any Housing Board or agency which the State Government may notify in this behalf” shall be inserted – Orissa Act No. 22 of 1956.
PONDICHERRY In sub-section (2) of section 7, after clause (d), the following clause shall be inserted, namely :— “(dd) deductions for electricity supplied to the employed person by the Electricity Department of the Government of Pondicherry;” – Pondicherry Act No. 9 of 1970. TAMIL NADU After clause (g), the following clause shall be inserted, namely:— “(gg) deductions of profession tax payable by the employed person to any local authority;” Tamil Nadu Act No. 47 of 1974. WEST BENGAL In sub-section (2) of section 7, after clause (e), the following clause shall be added, namely :— ‘(ee) deductions for contribution to a fund created under a “Death Benefit Scheme” approved by the State Government and esigned to render pecuniary assistance to the dependants of a deceased employed person who had been a member of such a scheme: Provided that no deduction shall be made without written authorisation of the employed person in the form and manner prescribed in the Scheme. Explanation I – (1) Where the employed person has a family, a member of the family shall be nominated. (2) Where the employed person has no family, any person may be nominated. Explanation II – For the purpose of Explanation I,— (1) the family of a male employed person shall include his wife, legitimate children, dependant parents, the widow and legitimate children of his pre-deceased son: Provided that if such employed person proves that his wife has ceased, under the personal law governing him or the customary law of the community to which he spouses belong, to be entitled to maintenance from him, the wife shall not be regarded as a member of his family: Provided further that such employed person may subsequently by a notice in writing to such authority as may be specified by the State Government by notification in this behalf declare that his wife may continue to be regarded as a member of his family; (2) the family of a female employed person shall include her husband, legitimate children, dependant parents, husband’s dependant parents, the widow and legitimate children of her pre-deceased son: Provided that such employed person may by a notice in writing to such authority as may be specified by the State Government by notification in this behalf declare that her husband and his dependent parents have been excluded from her family : Provided further that such employed person may subsequently by a notice in writing to such authority cancel the aforesaid notice; and (3) if a legitimate child of an employed person or of a pre-deceased son of an employed person is validly adopted by any other person under any law in force for the time being, such child shall not be a member of the family of such employed person. ” – West Bengal Act Nos. 26 of 1975 and 19 of 1981. Fines. 8. (1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the previous approval of 45b[appropriate Government] or of the prescribed authority, may have specified by notice under sub-section (2). 2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of persons employed upon a railway (otherwise than in a factory), at the prescribed place or places. (3) No fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines. (4) The total amount of fine which may be imposed in any one wage-period on any employed person shall not exceed an amount equal to 46[three per cent] of the wages payable to him in respect of that wage-period. (5) No fine shall be imposed on any employed person who is under the age of fifteen years. 6) No fine imposed on any employed person shall be recovered from him by instalments or after the expiry of 46a[ninety] days from the day on which it was imposed. (7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. (8) All fines and all realisations 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; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the prescribed authority.
Explanation – When the persons employed upon or in any railway, factory or 47[industrial or other establishment] are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority. STATE AMENDMENTS KARNATAKA In sub-section (8) the following shall be added before the Explanation, namely :— “But in the case of any factory or establishment to which the Mysore Labour Welfare Fund Act, 1965 applies, all such realisations shall be paid into the Fund constituted under the said Act. ” – Vide Mysore Act No. 15 of 1965. Note : See also Bombay Act No. XL of 1953 and Kerala Act No. II of 1977 for similar amendment.
UTTAR PRADESH In sub-section (8) of section 8, the following proviso shall, in its application to Uttar Pradesh, be inserted before the Explanation :— “Provided that in the case of any factory or establishment to which the Uttar Pradesh Welfare Fund Act, 1965 applies all such realisations shall be paid into the Fund established under the said Act. ” – Uttar Pradesh Act No. 17 of 1978. Deductions for absence from duty. 9. (1) Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. 2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a larger proportion than the period for which he was absent bears to the total period, within such wage period, during which by the terms of his employment, he was required to work : Provided that, subject to any rules made in this behalf by 47a[appropriate Government], if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice. 47b[Explanation – For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work. Deductions for damage or loss. 10. 8[(1) A deduction under clause (c) or clause (o) of sub-section (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person. (1A) A deduction shall not be made under clause (c) or clause (m) or clause (n) or clause (o) of sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions. ] (2) All such deductions and all realisations 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. Deductions for services rendered. 11.
A deduction under clause (d) or clause (e) of sub-section (2) of section 7 shall not be made from the wages of an employed person, unless the house accommodation, amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation amenity or service supplied and, in the case of a deduction under the said clause (e), shall be subject to such conditions as 49[***] 49a[appropriate Government] may impose. STATE AMENDMENTS PONDICHERRY After section 11, the following section shall be inserted, namely :— “11A. Deductions in respect of electricity. —The employer shall, if so required by a requisition in writing, by the Electricity Department of the Government of Pondicherry or by an officer uthorised by it in this behalf make the deductions authorised under clause (dd) of subsection (2) of section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order, specify”. – Pondicherry Act No. 9 of 1970. TAMIL NADU For section 11A, the following sections shall be substituted, namely :— “11A. Deductions in respect of house accommodation. —The employer shall make the deductions authorized under clause (d) of sub-section (2) of section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order, specify. – Madras Act No. 9 of 1959. 11B. Deductions in respect of electricity. The employer shall, if so required by a requisition in writing, by the Electricity Department of the Government of Pondicherry or by an officer authorised by it in this behalf make the deductions authorised under clause (dd) of subsection (2) of section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order, specify. – Tamil Nadu Act No. 20 of 1963. 11C. Deductions in respect of profession tax. —The employer shall, if so required by a requisition in writing, by the local authority concerned or by an officer authorised by it in this behalf, make the deductions authorised under clause (gg) of sub-section (2) of section 7 from the wages of the employed person and remit the amount so deducted to the credit of the local authority concerned in such manner as the State Government may, by general or special order, specify. ” – Tamil Nadu Act No. 47 of 1974. Deductions for recovery of advances. 12.
Deductions under clause (f) of sub-section (2) of section 7 shall be subject to the following conditions, namely :— (a) Recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances given for travelling expenses; 50[(aa) Recovery of an advance of money given after employment began shall be subject to such conditions as 50a[appropriate Government] may impose;] (b) Recovery of advances of wages not already earned shall be subject to any rules made by 50a[appropriate Government] regulating the extent to which such advances may be given and the instalments by which they may be recovered. for recovery of loans. 12A.
Deductions for recovery of loans granted under clause (fff) of sub-section (2) of section 7 shall be subject to any rules made by 50a[appropriate Government] regulating the extent to which such loans may be granted and the rate of interest payable thereon. ] Deductions for payments to co-operative societies and insurance schemes. 13. Deductions under clause (j) 52[and clause (k)] of sub-section (2) of section 7 shall be subject to such conditions as 50a[appropriate Government] may impose. STATE AMENDMENTS KARNATAKA In section 13 of the Act,— (1) for the heading the following heading shall be substituted, namely :— “13. Other deductions. ”; (2) for the words, letters and brackets “under clause (j) and clause (k)” the words, letters and brackets “under clause (j), clause (k), clause (q) and clause (r)” shall be substituted Karnataka Act No. 20 of 1977. 51[Deductions
In sub-section (2) of section 13 for the words, letters and brackets “clause (q) and clause (r)”, the words, letters and brackets “and clause (q)” shall be substituted – Karnataka Act No. 2 of 1982. of registers and records. 13A. (1) Every employer shall 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. (2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein. ] Inspectors. 14. 1) An Inspector of Factories appointed under 54[sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)] shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him. (2) 55[Appropriate Government] may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies. (3) 55[Appropriate Government] may, by notification in the Official Gazette, appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and 56[industrial or other establishments] in respect of which they shall exercise their functions. 57[(4) 53[Maintenance An Inspector may,— a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed; (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or 57a[industrial or other establishment] at any reasonable time for the purpose of carrying out the objects of this Act; (c) supervise the payment of wages to persons employed upon any railway or in any factory or 57a[industrial or other establishment]; (d) require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act; (e) 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; (f) exercise such other powers as may be prescribed : Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. 4A) The provisions of the 58-60[Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be, apply to any search or seizure under this sub-section as they apply to any search or seizure made under the authority of a warrant issued under 61[section 94] of the said Code. ] (5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 62[Facilities to be afforded to Inspectors. 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. 15. 3-64[(1) The appropriate Government may, by notification in the Official Gazette, appoint— (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 : Provided that where the 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. (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 authorized in writing to act on his behalf, 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 subsection (3) : Provided that every such application shall be presented within 65[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 65[twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.
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 enquiry, 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 refund to the employed person 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 not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees : Provided that a claim under this Act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority : Provided further that the period of three months may be extended if both parties to the dispute agree for any bona fide reason to be recorded by the authority that the said period of three months may be extended to such period as may be necessary to dispose of the application in a just manner : Provided also that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to— (a) a bona fide error or bona fide dispute as to the amount payable to the employed person; or (b) the occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence; or (c) the failure of the employed person to apply for or accept payment. ] 66[(3) 67[(4) If the authority hearing an application under this section is satisfied— a) that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding 67a[three hundered seventy-five] rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or (b) that in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding 67a[three hundred seventy-five] rupees be paid to 67b[appropriate Government] by the employer or other person responsible for the payment of wages. (4A) Where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final. 4B) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)]. (5) Any amount directed to be paid under this section may be recovered — (a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and (b) if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate. STATE AMENDMENTS ANDHRA PRADESH After section 15 the following section shall be inserted, namely :— “15A. Exemption of court-fees in respect of proceedings under section 15. (1) In respect of any proceedings under section 15, the applicant shall not be liable to pay any court-fees, other than fees payable for service of process : Provided that where the application is presented by an Inspector or any other person acting with the permission of the authority appointed under sub-section (1) of section 15, he shall not also be liable to pay the fees for the service of process. (2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate in the manner prescribed the amount of court-fees which would have been payable by the applicant but for sub-section (1) and direct the employer or other person responsible for the payment of wages under section 3 to pay the amount to the State Government. Where the amount is not so paid, it shall without prejudice to any other mode of recovery, be recoverable as if it were an arrear of land revenue” – Andhra Pradesh Act No. 21 of 1968.
GUJARAT In section 15, in sub-section (1A), for the portion beginning with the words “of a Labour Court” and ending with the words “Judicial Magistrate” the following shall be substituted, namely :— “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 Presiding Officer of a Tribunal constituted under the Industrial Disputes Act, 1947” Gujarat Act No. 26 of 1961. HARYANA After the proviso to sub-section (1) of section 16 following further proviso shall be added, namely :— “Provided further that the State Government may transfer any matter from one authority to the other authority. ” – Haryana Act No. 5 of 1985.
KARNATAKA In section 15 — (1) in sub-section (2), after the words, brackets and figure “sub-section (3)”, the following shall be inserted, namely :— “and in case of death of the employed person, it shall be lawful for his legal representatives to make an application for such direction”; (2) for sub-section (5), the following sub-section shall be substituted, namely :— “(5) Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890. ”—Karnataka Act No. 2 of 1977. In section 15, for the words “Stipendiary Magistrate”, the words “Judicial Magistrate” shall be substituted—Mysore Act No. 13 of 1965. After section 15, the following section shall be inserted, namely :— “15A. Liability for payment of court fees. – (1) In any proceedings under section 15, the applicant shall not be liable to pay any court fees (other than fees payable for the service of process) in respect of such proceedings : Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also. 2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court fees which should have been payable by the applicant but for sub-section (1) and direct the employer or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. (3) When an appeal is preferred under section 17 by a person making an application under section 15, the provisions of sub-sections (1) and (2) shall mutatis mutandis apply with the modification that such person, not being an Inspector, shall pay court fees of an amount of five rupees, but that such amount shall be refunded to him in the event of his succeeding in the appeal – Karnataka Act No. 2 of 1977.
MADHYA PRADESH In section 15, — (i) in sub-section (1), for the words “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”, the words “one or more persons to be the authority or authorities” shall be substituted; (ii) after sub-section (1), the following sub-sections shall be inserted, namely :— “(1A) 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 Civil Court or of a Labour Court constituted under the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960). (1B) 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 arrangements as it thinks fit for the distribution of the work among the authorities so appointed. ”; (iii) in sub-section (2), — (a) after the words “to act on his behalf”, the words, figures and brackets “or a representative union recognised as such under the Madhya Pradesh Industrial Relations Act, 1960 (No. 7 of 1960)” shall be inserted; (b) after the words, brackets and figure “sub-section (3)”, the words “and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction” shall be inserted; (c) in both the provisos for the words “six months”, the words “one year” shall be substituted; (iv) in sub-section (3), — (a) after the words “employed person”, the words “or his legal representative, as the case may be,” shall be inserted; (b) for the words “ten rupees in the latter”, the words “twenty-five rupees in the latter case and the authority may direct the payment of such compensation in cases, where the amount deducted or the delayed wages are paid by the employer, to the employed person or his legal representative before the disposal of the application” shall be substituted; (c) in the proviso, after the words “employed person” occurring twice, the ords “or his legal representative” shall be inserted; and (v) for sub-section (4), the following sub-sections shall be substituted namely :— “(4) If the authority hearing any application under this section is satisfied, — (i) that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or (ii) that, in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages which shall, when paid or reco-vered, be credited to the State Government. (4A) Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority appointed under sub-section (1) and his decision shall be final. (4B) The payment of the amount directed to be paid under this section to the employed person or his legal representative, as the case may be, shall be a full and complete discharge of the employer from the liability to make such payment under this Act, and no further claim shall lie against the employer in respect thereof. ” – Madhya Pradesh Act No. 2 of 1964.
MAHARASHTRA In section 15 of the said Act, — (a) in sub-section (1) for the words and figures beginning with the words “appoint any” and ending with the words “to be the authority” the words “appoint one or more persons to be the authority or authorities” shall be substituted; (aa) in sub-section (1), after the words “Civil Court”, the words “or of a Labour Court constituted under the Bombay Industrial Relations Act, 1946” shall be inserted; (b) after sub-section (1), the following new sub-sections shall be inserted, namely :— “(1A) 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; as a stipendiary Judicial Magistrate or as Judge of a Labour Court or as judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947. (1B) 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. ”; c) in sub-section (2), — (i) after the words “to act on his behalf” the words and figures “or a representative union registered as such under the Bombay Industrial Relations Act, 1946,” shall be inserted; (ii) after the words, brackets and figure “sub-section (3)” the following shall be inserted, namely :— “and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction”; (iii) in both the provisos, for the words “six months” the words “one year” shall be substituted; (d) in sub-section (3), — (i) for the words “refund to the employed person” the words “refund to the employed person or his legal representative, as the case may be”, shall be substituted; (ii) after the words “twenty-five rupees in the latter” the following shall be inserted, namely :— “and the authority may direct the payment of such compensation in cases, where the amount deducted or the delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application” ; (iii) in sub-section (3), for the words “ten rupees” the words “twenty-five rupees” shall be substituted ; (iv) in the proviso, after the words “employed person”, at both the places where they occur, the words “or his legal representative” shall be inserted ; (e) for sub-section (4), the following shall be substituted, namely :— “(4) If the authority hearing any application under the section is satisfied,— (i) that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application ; or (ii) that, in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages. The amount of such penalty when paid or recovered shall be credited to the State Government. ”; (f) for sub-section (5), the following shall be substituted, namely :— “(5) Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890. ; (g) after sub-section (5), the following shall be added, namely:— “(6) Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority and the decision of the authority shall be final. ” – Maharashtra Act No. 48 of 1955, 13 of 1961, 63 of 1953 & 70 of 1954. After section 15 of the said Act, the following section shall be inserted, namely :— “15A. Liability for payment of court-fees. —(1) In any proceedings under section 15, the applicant shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of such proceedings : Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also. 2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (1) and direct the employer or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. ” – Maharashtra Act No. 62 of 1953. RAJASTHAN In section 15, in sub-section (1), after the expression “stipendiary Magistrate”, the expression “or a Vikas Adhikari appointed under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1950)” shall be inserted – Rajasthan Act No. 11 of 1976. After section 15 the following section shall be inserted, namely :— “15A. Liability for payment of court fees. (1) In any proceedings under section 15, the applicant shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of such proceedings ; provided that when the application is presented by an inspector, he shall not be liable to pay the process fees even. (2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant, but for sub-section (1) and direct the employer or other person responsible for the payment of wages under section 3, to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. ” – Rajasthan Act No. 13 of 1970. Single application in respect of claims from unpaid group. 16. 1) Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if 68[deductions, have been made from their wages in contravention of this Act, for the same cause and during the same wage period or periods or if] their wages for the same wage-period or periods have remained unpaid after the day fixed by section 5. (2) A single application may be presented under section 15 on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case 69[every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in sub-section (3) of section 15. ] (3) The authority may deal with any number of separate pending applications, presented under section 15 in respect of persons belonging to the same unpaid group, as a single application presented under sub-section (2) of this section, and the provisions of that sub-section shall apply accordingly. Appeal 17. 1) 70[An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) or subsection (4) of that section] may be preferred, within thirty days of the date on which 71[the order or direction] was made, in a presidency town 72[***] before the Court of small causes and elsewhere before the District Court— (a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees, 73[or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or 74[(b) y an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have