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.
*Form A
Form of Individual Application
[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.
Signature or thumb-impression of the
employed person, or legal practitioner,
or official of a registered
trade union duly authorised
Form B
Form of Group Application
[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
| |
factory ________ railway |
| persons employed inthe on |
_________________________ |
| |
industrial establishment entitled |
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.
Signature or thumb-impression of two of
the applicants, or legal practitioner,
or an official of a registered
trade union duly authorised
SCHEDULE4
| Sl. No. |
Name of Applicant |
Permanent address |
| 1 |
2 |
3 |
| |
|
|
Form C
Form of Application by an Inspector or Person permitted by the Authority or authorised to act
[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 .
Between
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.
And
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.
Signature
Form D
Certificate of Authorisation
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
| Witnesses (1) (2) (3) (4) * * |
Signature (1) (2) (3) (4) * * |
I accept the authorisation.
Signature
Legal practitioner
____________________________________
Official of a registered trade union
Form E
Notice for the Disposal of Application
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 .
Authority
SEAL
Form F
Record of Order or Direction
(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.
Form G
Notice to Respondent of the day fixed for the hearing of the appeal under Section 17 of the Payment of Wages Act, 1936
Appeal from the decision of the authority for the _______________________________area, dated the _________________ day of ___________ 20 .
To
Respondent
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 .
Judge