(1) If, any employer pays less than the notified wages due to a loading and unloading worker or refuses to pay such wages, the loading and unloading worker or an official of the union of which he is a member may make an application to the Assistant Inspector of Labour for a direction under sub-section (2) hereunder within 6 months from such less payment or refusal:
Provided that the application may be entertained after the expiry of the said period of six months, if, sufficient cause is shown by the applicant.
(2) On receipt of an application under sub-section (1), the Assistant Inspector of Labour shall, after giving the applicant and the employer an opportunity of being heard and after such inquiry, if any, which he may consider necessary, direct:—
(a) in the case of a claim arising out of the payment of less than the notified wages, the payment to the loading and unloading worker of the amount by which the wages payable to him exceeds the amount actually paid by the employer;
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(b) in the case of a claim arising out of non-payment of notified wages payable to the loading and unloading worker for payment of the notified wages;
(3) If, as a result of a direction under sub-section (2), any amount of the wages becomes payable to a loading and unloading worker, the Assistant Inspector of Labour shall, if, the amount is not paid in accordance with his direction, make a report within 30 days from the date of receipt of application to the Labour Officer (Enforcement), Puducherry for Puducherry, Mahe and Yanam regions and the Labour Officer, Karaikal for Karaikal region specifying the full particulars regarding the amount of the wages due to the loading and unloading worker and on receipt of such report, the said authorities shall hear and decide all claims arising out of deductions from wages or delay in payment of wages of the persons employed, within 60 days from the date of receipt of such report:
Provided the aforesaid time limit of 30 days and 60 days may be extended to such period not exceeding the duration of original period for reasons to be recorded in writing.
Appeal
13. An appeal shall lie against any order passed under sub-section (2) and sub-section (3) of section 12, to the Deputy Labour Commissioner, who is the Appellate Authority, within a period of thirty days from the date of the order appealed against and the decision of the Appellate Authority on such appeal shall be final:
Provided that the Appellate Authority may admit an appeal presented after the expiration of the said period of thirty days if, it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period.
CHAPTER–IV REGISTRATION OF LOADING AND UNLOADING WORKERS, EMPLOYERS AND MAINTENANCE OF RECORDS Registration of loading and unloading worker
14. Every loading and unloading worker shall register his name with the Puducherry Unorganised Labourers Welfare Society or any other authority notified by the Government in such manner as may be prescribed.
Registration of employers
15. Every employer or contractor who employ or engage in or for an establishment any loading and unloading worker for the non-domestic purposes regularly, shall register their names with the Labour Officer (Enforcement), Puducherry for Puducherry, Mahe and Yanam regions and Labour Officer, Karaikal, for Karaikal region by paying such fees and in such manner as may be prescribed.
152 Maintenance of registers and records of employers