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Dheeraj Grover (Marketing Managaer)     01 August 2017

Judgement in support of amendment in payment of wages act

I have worked in a private limited company( head office in Delhi and Corporate office in Gurgaon) from Feb 2014 to June 2016. The Company has not paid me salary from November 2014 to June 2016. I was located in Corporate office. We have lodged a complaint in The labour Court on March 30,2017. Under the payment of Wages Act 1961, it is rule that the maximum salary limit for case under Payment of Wages Act 1961 is Rs. 18,000/- Bur there is an amendment  by Haryana Govt in September 2016 stating that the removal of  Maximum salary Limit  for Haryana jurisidction. Now my previous company says that the case should not be accepted under the payment of wages act act as the amendment was done in September 2016, but my working period in that organization  has ended in June 2016. Is there any court Judgement  on the same which supports that  our case is true as the complaint has been filed after the amendment was done.   Please reply soon 



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 8 Replies

Kumar Doab (FIN)     01 August 2017

Does the said notification cover unpaid wages?

Your contention can be that wages remained unpaid.

1 Like

Dheeraj Grover (Marketing Managaer)     01 August 2017

The payment of Wages Act 1961 is for claiming of unpaid wages.Our wages are still unpaid ( from Novemebr 2014 till June 2016).Kindly give me any judgement/citation of any court in support of my case.

Kumar Doab (FIN)     01 August 2017

Can you attach the said notification!

1 Like

Dheeraj Grover (Marketing Managaer)     01 August 2017

There is nothing written on the  issue. The opposition lawyer has sighted that on15.06.2016 Haryana Government has removed the Section 1(6) of the Payment of Wages act, that says "This Act applies to wages payable to an employed person in respect of a a wage period if such wages for that wage period do not exceed six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette, specify.] ". This Section1(6) has been removed by the Haryana Government on 15.06.2016 and my claim is from November 2014 till June 30, 2016 i.e prior to this. 

Although my contention till now is that I have my unpaid wages till there as they have not been paid till and also I filed a complaint on 15 March 2017 with Labour Department many months after that so my Assistant Labour Commissioner who has been accorded the authority to try of case has full right to do it, as the amendment has already taken place on 15-06-2017 and my salary is still unpaid.

1. Kindly provide my any court judgement or law in support of my claim.

2. What are your views

 

 

Dheeraj Grover (Marketing Managaer)     01 August 2017

Sorry it is not 1-06 but the amendment has been made on 15 September 2016. The amendment by Haryana Government was done on 15 September 2016

Dheeraj Grover (Marketing Managaer)     01 August 2017

There is nothing written on the  issue. The opposition lawyer has sighted that on15.09.2016 Haryana Government has removed the Section 1(6) of the Payment of Wages act, that says "This Act applies to wages payable to an employed person in respect of a a wage period if such wages for that wage period do not exceed six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette, specify.] ". This Section1(6) has been removed by the Haryana Government on 15.09.2016 and my claim is from November 2014 till June 30, 2016 i.e prior to this.  Although my contention till now is that I have my unpaid wages till there as they have not been paid till and also I filed a complaint on 15 March 2017 with Labour Department many months after that so my Assistant Labour Commissioner who has been accorded the authority to try of case has full right to do it, as the amendment has already taken place on 15-09-2016 and my salary is still unpaid.

1. Kindly provide my any court judgement or law in support of my claim.

2. What are your views

 

Dheeraj Grover (Marketing Managaer)     01 August 2017

there would be any court judgement as by the amendment its unlcear about the complint tenure and work tenure......My previous company is a certified defaulter( Stabilig Road Solutions)  in terms of EPF and It and they have filed fake cases of property destruction against us  after they got notice from labour dept.( for payment of salary).... but still they have not shown any proof... neither in civil court nor in labour court against us

Kumar Doab (FIN)     02 August 2017

You have quoted an amendment and notification.

can you attach it?


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