Section 1
For SOR see at the end of this Act.
1. For SOR see at the end of this Act.
(e) "wages" shall have the meaning assigned to it in the Payment of Wages Act, 1936 ;
(f) "workmen" shall have the meaning assigned to it in the U. P. Industrial Disputes Act, 1947 ;
(g) an occupier of an industrial establishment shall be deemed to be in "default" of payment of wages if such wages are not paid within time as provided in section 5 of the Payment of Wages Act, 1936.
(1) Where the Labour Commissioner is satisfied that the occupier of an industrial establishment is in default of payment of wages and that the wage-bill in respect of which such occupier is in default exceeds fifty thousand rupees, he may, without prejudice to the provisions of sections 5 and 6, forward to the Collector, a certificate under his signature specifying the amount of wages due from the industrial establishment concerned.
Upon receipt of the certificate referred to in sub-section (1), the Collector shall proceed to realize, from the industrial establishment, the amount specified therein, besides recovery charges at the rate of ten percent, as if such amount were an arrear of land revenue.
The amount realized under sub-section (2) shall, after deducting the recovery charges, be placed at the disposal of the Labour Commissioner who shall disburse the same or cause it to be disbursed among the workmen entitled thereto.
Where the amount so realized falls short of the wage-bill in respect of which the occupier has been in default, the Labour Commissioner may arrange for disbursement of such proportion of respective proportions of the wages due to various categories of workmen as he may think fit.
The liability of the occupier towards each workman in respect of payment of wages, shall, to the extent of the amount paid to such workmen under this section stand discharged.
For the purposes of ascertaining the wage-bill of an establishment in respect of which default has been committed the Labour Commissioner shall have all the powers of a Civil Court, while trying a suit, under the Code of Civil Procedure, 1908 in respect of enforcing the attendance of witnesses and examining them on oath and compelling the production of documents and shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(1) No occupier of an industrial establishment shall at any time, be in default of a wage-bill exceeding rupees one lakh.
Recovery of wages in certain industrial establishments as arrear of land revenue
Power of Labour commissioner
Penalties
Every occupier who contravenes the provisions of sub-section (1) shall be punishable with 1[fine which shall not be less than rupees fifty thousand but may extend to rupees one lakh].