Answer 1: Introduction: Payment of Wages Act, 1936 Is Based On Recommendation of The
Answer 1: Introduction: Payment of Wages Act, 1936 Is Based On Recommendation of The
Answer 1: Introduction: Payment of Wages Act, 1936 Is Based On Recommendation of The
Object
Preamble of the Act states “to regulate the payment of wages to certain classes of employed
persons.” The regulation contemplated by the Act is twofold:
Salient Features
Applicable to certain classes of Employed persons: the Act applies in the first instance to
persons employed in a factory, upon any railway or in an industrial or other establishment
specified in Section 2 of the Act [Section 1(4)].
Prescribes certain rule for payment of wages: Wage [Section 2(vi)] means remuneration
payable to a person in respect of his employment. The Act lays down comprehensive
rules for payment of the wages:
Responsibility for payment of wages(Section 3).
Fixation of Wage Period(Section 4).
Time of payment of wage(Section 5).
Mode of payment of wages(Section 6).
Lays down a list of authorised deduction: Explanation of Section 7(1) states that every
payment made by the employed person to the employer shall be deemed to be deductions
from wages.
Prescribe for maintenance of Register and records of the employer [Section 13A].
Provides for adjudication of claims arising out of deductions from wages or delay in
payment of wages: [Section 15] deals with the claims.
Conclusion
Therefore, Section 3 of the Act deals with Responsibility of Payment of Wages under the Act.
Answer 2: Introduction: Employees Compensation Act 1923 is one of the earliest measures
adopted to benefit labourers. Earlier this Act was known as Workmen Compensation Act, 1923.
Object: Its object was to make provisions for payment of compensation by certain class of
employers to their employees for injury by accident.
Conclusion:
Section 5 of the Act therefore lays down the method for calculation of wages under ECA, 1923.
UNIT-III
Question 3: a) bonded debt
Answer 3: a) Bonded Debt is defined under Section 2(d) of Bonded Labour System (Abolition)
Act, 1976.
It means an advance obtained, or presumed to have been obtained, by a bonded labourer under,
or in pursuance of, the bonded labour system.
While Bonded labourer [Section 2(e)] means a labour who incurs, or has, or is presumed to have,
incurred in a bonded debt.
Bonded Labour System [Section 2(g)] means “the system of forced labour under which a debtor
enters into an agreement with the creditor that he would render service to him either by himself
or through any member of his family or any person dependent on him, for a specified or
unspecified period, either without wages or for nominal wages, in consideration of loan or any
other economic consideration obtained by him or any of his ascendants, or in pursuance of any
social obligation, or in pursuance of any obligation devolving on him by succession”.
Question 3: b) Medical Examination
Answer 3: b) It is under Section 11 of the Employee’s Compensation Act, 1923.
An employee who is injured and has given notice of an accident to the employer shall
submit himself for medical examination if offered by the employer.
Any such offer made by the employer must be free of charge and made within 3 days
from the time at which service of the notice has been effected. So also any employee who
receives half monthly payment shall submit himself for medical examination if and when
required by the employer.
If an employee refuses to submit himself for examination as required either by employer
or Commissioner, his right to compensation shall be suspended for the period of refusal
or obstruction.
Case: Amarshi Jeram v. Hazarat and Co. (1961)
Held: The onus lies upon the employer to prove that he had offered services of medical
practitioner free of charge to the employee.