(Querist) 19 February 2009
This query is : Resolved
can in genuien circumstances applicant claim ten time compensetion or more than that, can court grant such ten time compensetion if saticfied if yes than any citetion is avail on this point where under section15(3)of payment of wages act the applicant get compensetion ten time with interest on that.
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims:- 1)........ 2)........
3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of " such compensation as the authority may think fit, not exceeding ten times the amount " deducted in the former case and 36[not exceeding twenty-five rupees in the latter, and even if the amount deducted or the delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees]:
PROVIDED that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to-
(a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or
(b) the occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or
(c) the failure of the employed person to apply for or accept payment.
With concerned to first part of your query:
Dear Vaishali, it is provided in the act that, such compensation should be not exceeding Ten Times of the Amount.
Then why not an applicant can claim for the same.
But as per me, he can not claim more than that.
With concerned to Secon part of your query:
It is mentioned in the section that, " such compensation as the authority may think fit, not exceeding ten times the amount "
So, if you prove your genuien circumstances and court satisfied with the same, then exactly can pass award for as prayed and provided under the Act.
I am not aware about any Judgment, required as per you, but wait, any one of our learned brother can provide to you if any.
Vinjamuri Venkata Rao
(Expert) 19 February 2009
Mam it is an agreement between the parties in service conditions or it proves that ten times compensation required for particular case in particular circumastance, shall be proved by the person claimed, if he proved beyound reasonable doubt, he can get ten times compensation, as there is no bar for award compensation, it dempend up the circumastances of each case. if he proves that he desired Ten times compensation and satisfy the court in this regard bye
A. A. JOSE
(Expert) 19 February 2009
Provisions stipulated in the statute is very clear and there is a phohibition in the section 15(3) of the Act that the compensation be not exceeding 10 times. Therefore, I am of the view that it will not be legally tenable to overreach the provisions expressely stipulated in the Act itself please.