Payment of Wages Act, 1936 — section 14

14. Inspectors..—(1) An Inspector of Factories appointed under sub-section (1) of section 10 of the Factories Act, 1934 (XXV of 1934), shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.

(2)The 3[Provincial Government] may appoint inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies.

(3)The 4[Provincial Government] may, by notification in the 5[official Gazette], appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and industrial establishments in respect of which they shall exercise their functions.

(4)An Inspector may, at all reasonable hours, enter on any premises, and make such examination of any register or document relating to the calculation or payment of wages and take on the spot or otherwise such evidence of any person, and exercise such other powers of inspection, as he may deem necessary for carrying out the purposes of this Act.

(5)Every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860). 15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.__ (1) The 2[Provincial Government] may, by notifications6 in the 7[official Gazette], appoint any Commissioner for Workmen’s Compensation or other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, 8[or non-payment of dues relating to provident fund or gratuity payable under any law,] of persons employed or paid in that area. 1 Ins. by the Payment of Wages ( Amdt.) Ordinance, 1940 (3 of 1940), section 3. 2 Subs. by A. O., 1937, for “L. G.”. 3 Subs. by A. O., 1937, for “G. G. in C.”. 4 Subs. ibid., for “L. G.”. 5 Subs. by A. O., 1937, for “local official Gazette”. 6 For such Notifin:

(i)see Notifin. No. 1237-P./ 36-III, P. & M.D. (Misc.), dated the 5th April, 1939, published in Sindh Gazette, 1939, Pt. I, p. 630.,

(ii)see Notifin. No. S. R. O. 673 (K)/61, dated the 8th July, 1961, published in the Gaz. of P., 1961, Pt.I, p. 268, 7 Subs. by A. O., 1937, for “local official Gazette”. 8 Ins. by the Payment of Wages ( Amdt.) Act, 1973,(17 of 1973), s. 4.

(2)Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages 1[or of any dues relating to provident fund or gratuity payable under any law,] has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, 1[or any of the heirs of an employed person who has been died,] or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): Provided that every such application shall be presented within 2[three years] from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be: Provided further that any application may be admitted after the said period of 2[three years] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.

(3)When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person 3[or , if the applicant is one of the heirs of an employed person, the payment to such applicant,] of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding ten rupees in the latter: Provided that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to

(a)a bonafide error or bonafide dispute as to the amount payable to the employed person, or

(b)the occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or

(c)the failure of the employed person to apply for or accept payment.

(4)If the authority hearing any application under this section is satisfied that it was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application.

(5)any amount directed to be paid under this section may be recovered

(a)if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and 1 Ins. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and First Sch. 2 Subs. by the Payment of Wages (Amdt.) Act, 1973 (17 of 1973), s. 4 or “six months”. 3 Ins. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977) s. 2 and First Sch. 1 [(b) if the authority is not a Magistrate, by the authority as an arrear of land revenue, or, in the prescribed manner, by the authority by distress and sale of the movable property belonging to the person by whom the amount is to be paid, or by attachment and sale of the immovable property belonging to such person.] to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate.