The Payment of Wages Act, 1936 also provides regulations pertaining to the redressal of appeals against orders. These regulations are detailed under Section 17 of the Act. In this article, we will talk about all the rules regarding the redressal of appeals.
Redressal of Appeals
According to Section 17 (1) of the Payment of Wages Act, 1936, the employer, employed person, or anyone directed to pay the penalty must file an appeal against an order or a direction.
Further, such a person must file the appeal within thirty days from the date of the order or the direction. This appeal can dismiss either wholly or in part an application or a direction before:
- The Court of Small Causes (if the order was made in a Presidency town) or
- The District Court (everywhere else)
Further, the following people can make the appeal:
- The employer or any other person who is responsible for the payment of wages under Section 3 of the Act.
- The employed person or any legal representative or any official of a registered trade union who has the authority to appeal on his behalf. Further, an Inspector under this Act or any other person who the authority permits to make the application.
- Any person directed to pay a penalty.
- 1A – It is necessary to submit the memorandum of appeal along with a certificate from the authority which confirms that the appellant has deposited the amount due as per the order or direction.
- 17(2) – Any order which dismisses either wholly or in part an application or a direction is final.
- 17(3) – Let’s say that an employer appeals against an order or direction under this section. Therefore, the authority against whose decision he makes the appeal may withhold the payment of any sum in deposit with it until the decision of the appeal is pending.
Read about the Indian Contract Act in detail here.
Section 17A – Conditional attachment of Property of Employer or any other person responsible for Payment of Wages
Let’s say that the authority makes an application or gives a direction. Further, the employer or employed person or the person directed to pay a penalty files an appeal against the application or direction either wholly or in part.
At any time after the authority makes the application if the Court feels that the person responsible for the payment of wages might evade the amount that he is likely to pay, then the Authority or the Court can direct the attachment of the property of such a person.
The Court ensures that enough property is attached to satisfy the amount that the person might have to pay under the direction.
Further, all such attachments are subject to the provisions of the Code of Civil Procedure 1908 (5 of 1908) relating to attachment.
Q1. Within how many days can an employer, person employed, or a person directed to pay a penalty, file an appeal?
Answer: Such persons can file an appeal within 30 days from the date of the order or the direction.
Q2. Which authorities are designated for accepting appeals against directions or orders?
Answer: In the case of Presidency towns, the designated authority is the Court of Small Causes. Further, in every other case, the authority is the District Court.