(1) On receipt of information about the default of payment of wages exceeding fifty thousand rupees in an indus-trial establishment, the Labour Commissioner shall serve a notice on its occupier in Form II for for the purpose of ascertaining the wage bill in respect of which default in payment has been committed. The Labour Commissioner may also require the occupier to furnish to him the information in Form III and to produce such other information and material he may consider neces-sary for the above purpose.
(2) The Labour Commissioner shall forward to the Collector a certificate in Form IV under his signature specifying the amount of wages due from the industrial establishment concerned.
(3) The amount realised by the Collector and placed at the disposal of the Labour Commissioner shall be disbursed by the Labour Commissioner himself or he may cause it to be disbursed through the occupier of the con-cerned industrial establishment among the workmen entitled thereto. The account of the amount, so disbursed among the workmen, shall be maintained in Form V by the Labour Commissioner or the occupier of the concerned industrial establishment, as the case may be, and, where the amount is disbursed by the Labour Commissioner, himself, a copy of the same shall be forwarded to the occupier of the industrial establishment concerned.
FORM I [See SECTION 2(c) AND RULE 3] NOMINATION FORM OF OCCUPIER OF AN INDUSTRIAL ESTABLISHMENT From, (Particulars of the employer of the industrial establishment) To The ………………………………………..
………………………………………………..
No. Date Sir, I hereby intimate that Sri (State here the name, address and designation of the occupier), is the occupier of the industrial establishment (State here the name and full address of the industrial establishment), and his consent has been taken in this behalf.
Yours faithfully, Signature Name Place : Designation Date : Seal FORM II [See RULE 4(1)] NOTICE To ………………………………………….
…………………………………………. Occupier Whereas information has been received that you are in default of pay-ment of wages for the period ……………………… to ………………………… and that the wage bill in respect thereof exceeds fifty thousand rupees, And, whereas, it is necessary in the interest of maintenance of industrial peace to ensure timely payment of wages to the workmen of your establish-ment ………………………………. (here state the name of the industrial establishment) ;
Now, therefore, you are hereby required to appear before the under-signed in person or through a duly authorised representative and to show cause on ………………….. (date) why a certificate of recovery for the wages exceeding fifty thousand rupees may not be issued against you in accordance with Section 3 of the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (U.P. Act No. 5 of 1978).
You are further required to furnish to the undersigned the information in Form III as appended to the U.P. Industrial Peace (Timely Payment of Wages) Rules, 1981 on the aforesaid date.
Labour Commissioner.
FORM III [See RULE 4(1)]
1. Name of the industrial establishment
2. Period for which the wages are in default
3. Total no. of workmen who have not been paid wages, which they are entitled to
4. Total amount of wages which are in default of payment to the workmen
5. Details of wages in default :
Sl Name of the worker Department Ticket No Amount of wages not paid to him Remarks 1 2 3 4 5 6 FORM IV [See SECTION 3 (1) AND RULE 4 (2)] RECOVERY CERTIFICATE To, The Collector, …………………………….
Whereas the occupier of the industrial establishment (name with full address) …………………………………………………………………………………………………………………… is in default of payment of wages for the months of ……………………… and the wagebill in respect of which the occupier is in default amounts to Rs………………………………………………… And, whereas, I have satisfied myself about the amount of wages in default ;
And, whereas, the amount mentioned herein is recoverable under Sec-tion 3 of the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 (U.P. Act No. 5 of 1978), as arrears of land revenue ;
I, therefore, in exercise of the powers conferred upon me under sub-section (1) of Section 3 of the said Act, issue this certificate under my signature for recovery of this amount from the occupier of the industrial establishment named above as arrears of land revenue besides recovery charges at rate 10 per cent as per provisions of sub-section (2) of Section 3 of the Act. The amount, so realised, shall be placed at my disposal for being disbursed among the workmen entitled thereto after deducting the recovery charges as per provisions of sub-section (3) of Section 3 of the Act.
Place ………………. Signature …………………………………….
Date ……………… Name ………………………………………….
Designation …………………………………..
FORM V [See RULE 4(3)] Details of disbursements made to the workmen who are entitled thereto—
(1) Name of the industrial establishment with full address
(2) Total amount of the money realised and placed at the disposal
(3) Total number of workmen entitled thereto
(4) Period to which the amount realised relates
(5) Details of disbursement :
Sl no Name of the worker Department Ticket no Total no of wages worker is entitled to Anount disbursed to him remarks