(1) The Rules may be called the Payment of Wages (Procedure) Rules, 1937.

(2) They extend to the whole of India.

In these rules, unless there is anything repugnant in the subject or context,

(a) the Act means the Payment of Wages Act (4 of 1936);

(b) Appeal means an appeal under Section 17;

(c) the Authority means the authority appointed under sub-section (1) of Section 15;

(d) the Court means the court mentioned in sub-section (1) of Section 17;

(e) employer includes the persons responsible for the payment of wages under Section 15;

(f) section means a section of the Act;

(g) Form means a form appended to these rules;

(gg) record of order or direction means the record of an order dismissing either wholly or in part an application made under sub-section (2) of Section 15 or of a direction made under sub-section (3) or sub-section (4) of that section kept in Form F ;

(h) words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.

Application under sub-section (2) of Section 15 by or on behalf of an employed person or group of employed persons shall be made in duplicate in Form A, Form B or Form C, as the case may be, one copy of which shall bear such court-fee as may be prescribed.

The authorisation to act on behalf of an employed person or persons, under Section 15, shall be given by a certificate in Form D, shall be presented to the authority hearing the application and shall form part of the record.

Any person desiring the permission of the Authority to act on behalf of any employed person or person shall present to the Authority a brief written statement explaining his interest in the matter, and the Authority shall record an order on the statement, which in the case of refusal shall include reasons for the order, and shall incorporate it in the record.

(1) Applications or other documents relevant to an application may be presented in person to the Authority, or may be sent to him by registered post.

(2) The Authority shall at once endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be.

(1) The Authority may refuse to entertain an application presented under Rule 6, if after giving the applicant an opportunity of being heard, the Authority is satisfied, for reason to be recorded in writing that

(a) the applicant is not entitled to present an application; or

(b) the application is barred by reason of the provisions in the provisos to sub-section (2) of Section 15; or

(c) the applicant shows no sufficient cause for making a direction under Section 15.

(2) The Authority may refuse to entertain an application which is insufficiently stamped or otherwise incomplete and, if he so refuses, shall return it at once with an indication of the defects. If the application is presented again, after the defects have been made good, the date of presentation shall be deemed to be the date of presentation for the purpose of the proviso to sub-section (2) of Section 15.

(1) If the application is entertained, the Authority shall call upon the employer by a notice in Form E to appear before him on specified date together with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.

(2) If the employer or his representative fails to appear on the specified date the Authority may proceed to hear and determine the application ex parte.

(3) If the applicant fails to appear on the specified date, the Authority may dismiss the application:

Provided that an order passed under sub-rule (2) or sub-rule (3) may be set aside and the application reheard on good cause being shown within one month of the date of the said order, notice being served on the opposite party of the date fixed for re-hearing.

(1) The Authority shall in all cases enter the particulars indicated in Form F and at the time of passing orders shall sign and date the form.

(2) In a case where no appeal lies, no further record shall be necessary.

(3) In a case where an appeal lies, the Authority shall record the substance of the evidence and shall append it under his signature to the record of order or direction.

Any form, other than the record of order or direction which is required by these rules to be signed by the Authority, may be signed under his direction and on his behalf by any officer subordinate to him appointed by him in writing for this purpose.

In exercising the powers of a Civil Court conferred by Section 18, the Authority shall be guided in respect of procedure by the relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alteration as the Authority may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provisions of the Act or these rules.

(1) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed court-fee, setting forth concisely the grounds of objection to the 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, as the case may be, and shall be accompanied by a certified copy of the said order or direction.

(2) When an appeal is lodged, a notice shall issue to the respondent in Form G.

(3) The Court after hearing the parties and after such further inquiry, if any, as it may deem necessary, may confirm, vary, or set aside the order or direction from which the appeal is preferred, and shall make an order accordingly.

2[12-A. Order or direction when to be made. The Authority or the Court, as the case may be, after the case has been heard, shall make the order or direction either at once or, as soon thereafter as may be practicable, on some future day; and when the order or direction is to be made on some future day, it shall fix a date for the purpose of which due notice shall be given to the parties or their pleaders.]

Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of Section 15 to apply for a direction, shall be entitled to inspect any application, memorandum to appeal, or any other document filed with the Authority or the Court, as the case may be, in a case to which he is a party, and may obtain copies thereof on the payment of such fees as may be prescribed.

[See sub-section (2) of Section 15 of the Payment of Wages Act]

In the Court of the Authority appointed under the Payment of Wages Act, 1936 (IV of 1936), for ____________________________________ area.

Application No. _______________________ of 19.

Between A. B. C. ______________________________________________________Applicant;

through ___________________________________________________________________________

a legal practitioner

______________________________________________(which is a registered Trade Union)

an official of

And X. Y. Z. ________________________________________________________opposite party.

The applicant states as follows:

in

1. A. B. C. is a person employed ____________ the

on

Factory

______________

Railway

______________

entitled_______________________________________________________

industrial establishment

and resides at____________________________________________________________

The address of the applicant for the service of all notices and processes is:

2. X. Y. Z., the opposite party, is the person responsible for the payment of his wages under Section 3 of the Act, and his address for the service of all notices and processes is:

3. (1) The applicant's wages have not been paid for the following wage-period(s) [give date(s)].

Or A sum of Rs _________________________ has been unlawfully deducted from his wages of _______________________ [amount for the wage-period(s) which ended on] [give date(s)].

(2) [Here give any further claim or explanation.]

4. The applicant estimates the value of the relief sought by him at the sum of rupees__________.

5. The applicant prays that a direction may be issued under sub-section (3) of Section 15 for:

(a) Payment of his delayed wages as estimated or such greater or lesser amount as the authority may find to be due

Or Refund of the amount illegally deducted;

(b) Compensation amounting to ___________________________.

The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.

employed person, or legal practitioner,

[See sub-section (2) of Section 15 and Section 16 of the Payment of Wages Act]

In the Court of the Authority appointed under the Payment of Wages Act, 1936 (IV of 1936), for_______________________________ area.

Application No. ______________________ of 20.

Between A. B. C. and (state the number) ________________________________________ others,

applicants;

a legal practitioner

through ________________________________________________________________________________

an official of

________________________________________________________(which is a registered trade union)

And X. Y. Z. ______________________opposite party.

The applicants state as follows:

1. 3[The applicant whose names and permanent addresses] appear in the attached schedule are

The addresses of the applicants for service of all notices and processes is:

2. X. Y. Z., the opposite party, is the person responsible for the payment of wages under Section 3 of the Act, and his address for the service of all notice and processes is:

3. The applicants' wages have not been paid for the following wage-period(s):

4. The applicants estimate the value of the relief sought by them at the sum of rupees_________.

5. The applicants pray that a direction may be issued under sub-section (3) of Section 15 for:

(a) Payment of the applicants' delayed wages as estimated __________________________or such greater or lesser amount as the Authority may find to be due;

(b) Compensation amounting to ____________________

The applicants certify that the statement of facts contained in this application is to the best of their knowledge and belief accurate.

the applicants, or legal practitioner,

SCHEDULE4

[See sub-section (2) of Section 15 and Section 16 of the Payment of Wages Act]

In the Court of the Authority appointed under the Payment of Wages Act, for ________________

______________ area.

Application No. ______________________________________ of 20 .

A. B. C., (designation) , an Inspector under the Payment of

Wages Act] or a personpermitted by the authority to act under sub-section (2) of

authorised

Section 15] ____________________________________________ applicant.

X. Y. Z. ____________________________________________ the opposite party.

The applicant states as follows:

1. X. Y. Z., the opposite party, is the person responsible under the Act for the payment of wages to the following [persons whose names and permanent addresses are given below].5

(1)

(2)

(3)

*

*

2. His address for the service of all notices and processes is:

3. The wages of the said person(s) due in respect of the following wage-period(s) have not been paid.

have been subjected to the following illegal deductions.

4. The applicant estimates the value of relief sought for the persons(s) employed at the sum of Rs________________________________.

5. The applicant prays that a direction may be issued under sub-section (3) of Section 15 for:

(a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.

Or Refund of the amount illegally deducted.

(b) Compensation amounting to ______________________.

The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.

Ia legal practitioner

employed person(s) hereby authorise

Wean official of

which is a registered trade union to act on my behalf under Section 15, and Section 17 of the

our

Payment of Wages Act, 1936 (IV of 1936), in respect of the claim against __________________

on account of the delay in payment my wages for ________________

____________________ ____

illegal deduction from our

I accept the authorisation.

____________________________________

To

Whereas under the Payment of Wages Act, 1936 (IV of 1936), a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person or by any person duly instructed and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the ______________ day of _________ 20__________ at ___________ o'clock in the fore noon to answer the claim; and as the day fixed for your appearance is appointed for the final after

disposal of the application you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which, you intend to rely on in support of your defence.

Take notice that in default of your appearance on the day beforementioned, the application will be heard and determined in your absence.

Given under my hand and seal, this day _______________ 20 .

SEAL

(1) Serial Number ____________________________________________________________

(2) Date of application ________________________________________________________

(3) Name or names, parentage, address or addresses of the applicants, or some, or all of the applicants belonging to the same unpaid group __________________________________

(4) Name and address of the employer ____________________________________________

(5) Amount claimed

(a) as delayed wages: Rs ______________________

(b) as deducted from wages: Rs ______________________

(6) Plea of the employer and his examination (if any) ______________________

(7) Finding, and a brief statement of the reasons therefor ______________________

(8) Amounts awarded

(a) Delayed wages __________________

(b) Deducted wages __________________

(9) Compensation awarded __________________

(10) Penalty imposed __________________

(11) Costs awarded to:

(i) Court-fee charges __________________________

(ii) Pleader's fee __________________________

(iii) Witnesses' expenses __________________________

6[(12) Date by which the amounts awarded shall be paid.]

Signed

Dated

Note. In cases where an appeal lies, attach on a separate sheet the substance of the evidence.

Appeal from the decision of the authority for the _______________________________area, dated the _________________ day of ___________ 20 .

To

Take notice that an appeal of which a copy is enclosed, from the decision of the Authority for _________________________________________area has been presented by X. Y. Z., (and others) and registered in this Court, and that the ________________________ day of ______________________ 19____________ has been fixed by this Court for the hearing of the appeal.

If no appearance is made on your behalf by yourself, or by someone by law authorised to act for you in this appeal, it will be heard and decided in your absence.

Given under my hand and the seal of the Court, this _______________________________day of______________________________ 20 .

1. vide Noti. No. L. 3067, dated 24-2-1937

2. Ins. by S.O. 2410/PWA/Pro. Rules/Am., dt. July 6, 1970.

*. For position in Madhya Pradesh see below Section 13-A of the Act, above.

3. Subs. by S.O. 2334, dt. Sept. 14, 1960.

4. Subs. by S.O. 2334, dt. Sept. 14, 1960.

5. Subs. by S.O. 2334, dt. Sept. 14, 1960.

6. Ins. by S. O. 2410/PWA/Pro. Rules/Am., dt. July 6, 1970.