Payment of Wages Act, 1936 — section 21

21. Procedure in trial of offences..—(1) No Court shall take cognizance of a complaint against any person for an offence under sub-section (1) of section 20, unless an application in respect of the facts constituting the offence has been presented under section 15 and has been granted wholly or in part and the authority empowered under the latter section or the appellate Court granting such application has sanctioned the making of the complaint.

(2)Before sanctioning the making of a complaint against any person for an offence under sub-section (1) of section 20, the authority empowered under section 15 or the appellate Court, as the case may be, shall give such person an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or Court that his default was due to

(a)a bona fide error or bona fide 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 1 Ins. by the Labour Laws (Amdt.) Act. 1975, 11 of 1975, s. 2 and Sch. 2 Subs. by the Repealing and Amending Act, 1937 (20 of 1937), s. 2 and 1st Sch., for “sub-section (5)”

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

(3)No Court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention of any rule made under section 26 except on a complaint made by or with the sanction of an Inspector under this Act.

(4)In imposing any fine for an offence under sub-section (1) of section 20 the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 15. 1 [* * * * * * *] 22. Bar of suits. No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed

(a)forms the subject of an application under section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under section 17 ; or

(b)has formed the subject of a direction under section 15 in favour of the plaintiff ; or

(c)has been adjudged, in any proceeding under section 15, not to be owed to the plaintiff ; or

(d)could have been recovered by an application under section 15. 23. Contracting out. Any contract or agreement, whether made before or after the commencement of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right. 224. [Application of Act to Railways, etc.] Omitted by A. O., 1964, Art. 2 and Sch. 25. Display by notice of abstracts of the Act. The person responsible for the payment of wages to persons employed in a factory shall cause to be displayed in such factory a notice containing such abstracts of this Act and of the rules made thereunder in English and in the language of the majority of the persons employed in the factory, as may be prescribed.