Central
Section 17 of The PAYMENT OF WAGES ACT, 1936
(1)1[An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of that section] may be preferred, within thirty days of the date on which 2[the order or direction] was made, in a Presidency-town 3*** before the Court of Small Causes and elsewhere before the District Court--
- (a)by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees 4[or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or 5[(b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or]
- (c)by any person directed to pay a penalty under 6[sub-section (4)] of section 15. 4[(1A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.] 7[(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application made under sub-section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final.] 8[(3) Where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it.
- (4)The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the decision of the High Court and, if it so does, shall decide the question in conformity with such decision. STATE AMENDMENT Karnataka Amendment of section 17.--In section 17 of the principal Act,--
- (1)in sub-section (2), after the words, brackets and figure "sub-section (4) of that section" the words, brackets, figures and letter, "or any order made under sub-section (1) of section 17A" shall be inserted.
- (2)after sub-section (4), the following sub-section shall be added, namely:-- "(5) the provisions of section 5 of the Limitation Act, 1963 shall be applicable to appeals under this section." [VideKarnataka Act 2 of 1977, s. 7]. Maharashtra.-- iAmendment of section 17 of Act IV of 1936.--In section 17 of the said Act, in sub-section (1), in clause (b), --.
- (i)after the words "an employed person" the following shall be inserted namely:--. "or any legal practitioner or any official of a registered trade union authorised in writing to act on act on his behalf or a representative union registered as such under the Bombay Industrial Relations act, 1946, or any Inspector under this Act or any other person authorised by an authority to make an application under sub-section (2) of section 15 and in the case of death of the employed person, his legal representative, as the case may be,";.
- (ii)for the words "him" and "he" the words "the employed person" shall be substituted.. [Vide Bombay Act XLVIII of 1955, s. 4]. Amendment of section 17 of Act IV of 1936.--In section 17 of the principal Act, in sub-section (1).--.
- (1)for clause (b), the following shall be substituted, namely:--. "(b) by an employed person, or any legal practitioner or any official of a registered trade union authorised in writing in writing to act on his behalf, or a representative union registered as such under the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), or any Inspector under this Act, or any other person authorised by an authority to make an application under sub-section (2) of section 15, and (in the case of the death of the employed person) by his legal representative, as the case may be, if the total amount of wages claimed to have been withheld from the employed person, or from the unpaid group to which the employed person belonged, exceeds fifty rupees, or"
- (2)after the first proviso, the following shall be added, namely:--. "Provided further that, when the order or direction appealed against was made by any person who holds or has held office of or above the rank of a District Judge or a judicial member of the Industrial Court constituted under the Bombay Industrial relations Act, 1946, or the presiding officer of a Tribunal constituted under the Industrial Disputes act, 1947, an appeal under this section shall lie to the High Court." [Vide Maharashtra Act XIII of 1961, s. 7]. Amendment of section 17 of Act IV of 1936.--In section 17 of the said Act,--.
- (1)to sub-section (1), the following shall be added, namely:--. "Provided that no appeal by an employer or other person responsible for the payment of wages under section 3, under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the authority, to the effect that the appellant has deposited with it the amount payable under the order appealed against.".
- (2)sub-section (2), after the brackets and figure "(4)" the words, brackets figure and letter", or any order made under sub-section (3A)" shall be inserted;.
- (3)after sub-section (2), the following sub-section shall be added, namely:--. "(3) The provisions of section 5 of the Indian Limitation Act, 1908 (IX of 1908), shall be applicable to appeals under this section.". [Vide Bombay Act LXII of 1953, s. 6].
Summary
- If a person is unhappy with a wage order or dismissal, they can file an appeal within thirty days.
- Appeals are handled by the Court of Small Causes in large cities or the District Court elsewhere.
- An employer can only appeal if the amount they are ordered to pay is more than three hundred rupees.
- An employee can only appeal if their withheld wages exceed twenty rupees (or fifty for a group).
- To file an appeal, an employer must first deposit the disputed money with the authority.
- The court's decision is final unless it decides to ask the High Court a specific question of law.
Practical examples
1A Labour Court orders Mr. Sharma to pay 5,000 rupees to his workers. Mr. Sharma thinks this is wrong, so he deposits the 5,000 rupees and files an appeal with the District Court within three weeks.
2Rita filed a claim for 15 rupees of withheld pay. The authority dismissed her case. Rita cannot appeal this decision because her claim was for less than 20 rupees.
FAQ
1. How long do I have to appeal a decision under Section 17 of the Payment of Wages Act?
Under Section 17 of the Payment of Wages Act, 1936, an appeal must be preferred within thirty days of the date the order or direction was made.
2. Where do I file an appeal under the Payment of Wages Act?
According to Section 17 of the Payment of Wages Act, 1936, appeals go to the Court of Small Causes in a Presidency-town and to the District Court in other areas.
3. Does an employer have to pay the fine before appealing under the Payment of Wages Act?
Yes, Section 17 of the Payment of Wages Act, 1936, states that an employer's appeal must be accompanied by a certificate showing they deposited the required amount.
4. Can an employee appeal a dismissed claim for 30 rupees under the Payment of Wages Act?
Yes, under Section 17 of the Payment of Wages Act, 1936, an employed person can appeal if the total amount of wages withheld exceeds twenty rupees.
Test yourself
Q1.Under Section 17 of the Payment of Wages Act, 1936, what is the time limit for filing an appeal?
Q2.For an employer to appeal a direction under Section 17 of the Payment of Wages Act, 1936, the total sum must exceed which amount?
Q3.Under Section 17 of the Payment of Wages Act, 1936, what happens to the money an employer deposits while an appeal is pending?
Q4.Based on Sections 16 and 17 of the Payment of Wages Act, 1936, what is the minimum withheld wage amount for an unpaid group to file an appeal?