Chapter: 6.2.2 Notification Fixing of Minimum Rates of Wages

• Inspectors:

The Government may appoint by an Official Notification persons it thinks fit as Inspectors for the purposes of the Act and may also define the local limits within which they have to function. The Inspectors may examine any Person whom he finds in such premises or place and he has a reason to believe that such person is an employer or an employee who works there. The Inspector may also cease or take copies of registers, record of wages, notices or portion thereof as he may consider relevant in respect of an offense under this Act which he has reason to-believe that has been committed by an employer.

• Claims

The Appropriate Government by a Notification in the Official Gazette appoints any Commissioner for Workmen's Compensation or any officer of Central Government exercising functions as a labour Commissioner or any other officer with the experience of a Judge of the Civil Judge of the Civil Court to be the Authority to hear and decide for a specified area, all claims arising out of the payment of less than the minimum wages. In respect of the employees, any claim of the nature referred above, the employee himself or through any Legal Practitioner or any official of a Registered Trade Union authorised in writing to act on his behalf or any Inspector or any person acting with the permission of the authority, may apply to the authority for directions. Provided that at least such application shall be made within a period of six months from the date on which the minimum wages became applicable and it can be admitted after a period of six months when the Applicant satisfies the Authority that he had sufficient causes for not making that application within the said period. The authority shall hear applicant as well as employer and after giving them opportunity of being heard and after such further enquiry, may consider necessary to impose penalty on the employer if he is liable.

In case a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of an amount which is less than the minimum wages payable to them exceeds the amount actually paid together with the payment of such compensation as the authority may think fit, not exceeding 10 times of the amount of excess. If the Authority hearing that application is satisfied that it was either malicious, vexatious application made, it may direct penalty to the person presenting such application against the employer.