Applicability of order 22 rule 2
anshul sangal
(Querist) 28 September 2010
This query is : Resolved
Sir my question is whether the provision of C.P.C under order 22 rule 3 is applicable on Payment of wages Act?If yes then why?If not then what provision Is applicable related to death of plaintiff in a suit of payment of wages act?
Kirti Kar Tripathi
(Expert) 29 September 2010
though the provisions of C.P.C except those which are specifically made applicable by the PWA itself, are not maintainable. However, basic principles of CPC are maintainable. you can move application for substitution of legal heirs even with mention the provision, the same is maintainable.
Raj Kumar Makkad
(Expert) 29 September 2010
The provosion of Order 22 Rule 3 ia duly applicable in labour acts including payment of Wages Act. Maximum provisions of CPC are applicable in the aforesaid matters because the right of wages for the period for which an employee (now deceased) worked in entitled to receive his payment/arrers through his legal heirs/survivor.