(1) All wages payable to a person employed in a shop or an establishment shall be paid not later than the tenth day of the month immediately succeeding that in respect of which such wages are payable.
(2) Where any deduction has been made from the wages of any person employed in a shop or an establishment or any payment of wages to such person has not been made within the date referred to in sub-section (1), such person or any legal practitioner or an Inspector appointed under section 19 or any official of a registered trade union authorized in writing to act on behalf of such person, may within a period of one year from the date on which the deduction from the wages was made or from the date referred to in sub- section(1),as the case may be, make an application to such officer or authority as the administrator may, by notification appoint in this behalf, for an order under sub-section (3):
Provided that an application under this section may be admitted after the said period of one year if the applicant satisfies the officer or authority that he had sufficient cause for not making the application within such period.
(3) The officer or authority to whom or to which an application under sub-section (2) is made may, after giving the applicant and the shop-keeper or employer concerned an opportunity of being heard and after making such further inquiry, if any, as may be necessary by order direct without prejudice to any other action which may under this Act or any other law lie against the shop-keeper or employer the payment to the applicant of the amount deducted from the wages or of the wages due, together with such compensation not exceeding ten times the amount deducted in the former case and not exceeding ten rupees in the later as the officer or authority may deem fit.
Provided that no direction for the payment of compensation shall be made in the case of delay in the payment of wages if the officer or authority is satisfied that the delay was due to-
(a) a bon fire error or bon fire dispute as to the amount payable to the applicant, or
(b) the occurrence of an emergency, or the exercising reasonable diligence, to make such that the shop-keeper or the employer as the case may be was unable though exercising reasonable diligence to make prompt payment, or
(c) the failure of the applicant to apply for or accept payment.
(4) If on hearing any application made under sub-section (2) the officer or authority is satisfied that it was either malicious or vexations the officer or authority may by order direct that a penalty not exceeding fifty rupees be paid by the applicant to the shop-keeper or employer concerned.
(5) Any amount directed to be paid by an order under sub-section(3) or sub- section(4) may be recovered by any Magistrate to whom the officer or authority making the order makes application in this behalf as if it were a fine imposed by such Magistrate.
(6) An appeal shall be from an order of the officer or authority dismissing any application made under sub-section(2) or giving any direction under sub-section(3) or sub-section (4) if made within thirty days of the date on which the order was made to the Munsiff if having jurisdiction over the area.
(7) Nothing in this section shall to any person to whom the Payment of Wages Act, 1936, applies under section 1 of that Act.
8 4 of 1936.
Notice of termination of services
15. 14[(1) The services of no person employed in any shop or establishment who has been in continuous service for not less than one year shall be terminated without sufficient cause until such person has been given one month’s notice in writing indicating the reasons for the termination and the period of notice has expired or such person has been paid in lieu of such notice, wages for the period of notice.
Explanation: - For the purposes of this section and section 11-
(i) Continuous service includes any holiday, authorized leave or period of any strike which is not illegal or of any lockout.
(ii) in computing a completed year of continuous service, section 25B of the Industrial Disputes Act, 1947 shall, mutatis mutandis, apply.]
(2) Any person employed in a shop or an establishment whose service leave have been terminated in contravention of the provisions of sub-section (1) or any legal practitioner or Inspector appointed under section19 may within one year from the date of such termination make an application to a Magistrate of the first class alleging such termination. The Magistrate if satisfied that there is a prima face case showing that the services of the 15[employee] have been terminated without sufficient cause shall issue a notice to the person registered for the time being as the shop-keeper or the employer under section 16, to appear in person or by an agent authorized by such shop-keeper or employer in writing in this behalf and show cause why proceedings shall not be taken against such shop-keeper or employer under this section and may after giving him or such agent an opportunity of being heard and after recording the reasons In writing direct that such shop- keeper or employer shall pay 16[two month’s wages] as compensation shall pay to the 15[employee]the amount of compensation so directed to be paid 17[against such shop- keeper or employer under this section and may, after giving him or such agent an opportunity of being heard, and after recording the reasons in writing, direct that such shop-keeper or employer shall pay two months wages as compensation and thereupon such shop-keeper or employer shall pay to the employee the amount of compensation so directed to be paid].
(3) The amount of compensation payable under this section shall for purposes of its recovery be deemed to be a fine imposed under this Act.
(4) The provisions of sub-section (2) and (3) shall be in addition to and not in derogation of the provisions of section 21 or any other law for the time being in force and nothing in sub-section (2) of section 22 shall be deemed to require any complaint to be made under that sub-section before an application is made under sub-section (2).
Registration of shops and establishments Shop keepers and employers to maintain and keep records etc.
16. 18(***)