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Government Of Assam Labour and Welfare

Claim Non-Payment of Minimum Wages

CLAIMS UNDER THE ACT


CHAPTER V, The Minimum Wages (Central) Rules,1950

27. Applications
(1) An application under sub-section (2) of section 20 or sub-section (1) of section 21, by or on behalf of an employed person or group of employed persons shall be made in duplicate in Forms VI, VI-A or VII, as the case may be, one copy of which shall bear the prescribed court-fee.

(2) A single application under section 20, read with sub-section (1) of section 21 may be presented on behalf or in respect of a group of employed persons, if they are borne on the same establishment and their claim relates to the same wage period or periods.

28. Authorisation
The authorisation to act on behalf of an employed person or person, under sub-section (2) of section 20 or sub-section (1) of section 21 shall be given in Form VIII by an instrument which shall be presented to the authority hearing the application and shall form part of the record.

29. Appearance of parties

  • If an application under sub-section (2) of section 20 or section 21 is entertained; the authority shall serve upon the employer by registered post a notice in Form IX to appear before him on a specified date with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.
  • If the employer or his representative fails to appear on the specified date, the authority may hear and determine the application ex-parte.
  • If the applicant or his representative fails to appear on the specified date, the authority may dismiss the application.
  • An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order, and the application shall then be reheard after service of notice on the opposite party of the date fixed for rehearing in the manner specified in sub-rule (1)
 
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