Section 20. Claims.

(1) The appropriate Government may, by notification in the Official Gazette, appoint ^1[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] 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 payment of less than the minimum rates of wages ^2[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area.

(2) ^3[Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector, or any 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 six months from the date on which the minimum wages ^2[or other amount] became payable:

Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.

^4[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct—

(i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;

(ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees,

and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.]

(4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer 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 the Authority as a Magistrate, or

(b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate.

(6) Every direction of the Authority under this section shall be final.

(7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).

STATE AMENDMENTS

Kerala

Amendment of Section 20.—In section 20 of the Minimum wages Act, 1948 (Central Act 11 of 1948) (hereinafter referred to as the principal Act),—

(a) in sub-section (1), for the words “or any officer of the State Government not below the rank of a Labour Commissioner”, the words “or any officer of the State Government not below the rank of a Deputy Labour Commissioner” shall be substituted;

(b) in sub-section (4), for the words “fifty rupees”, the words “one hundred rupees” shall be substituted;

“(b) if the Authority is not a Magistrate, by the Authority, as if it were arrears of revenue due on land, without prejudice to any other mode of recovery.”.

[Vide Kerala Act 23 of 2017, sec. 2].

Karnataka

Amendment of section 20.—In section 20 of the Minimum Wages Act, 1948 (Central Act XI of 1948), (herein after referred to as the Principal Act,—

(i) in sub-section (1), for the words “not below the rank of Labour Commissioner”, the words “not below the rank of Assistant Labour Commissioner” shall be substituted.

(ii) in sub-section (4), for the words “fifty rupees” the words “one thousand rupees” shall be substituted.

[Vide Karnataka Act 40 of 2017, sec. 2].

Karnataka

In sub-section (1) of section 20, for the words “stipendiary Magistrate” the words “Judicial Magistrate” shall be substituted.

[Vide Karnataka Act 13 of 1965, s. 67 and Schedule]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7of 1973, s. 3 and First Schedule; Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule; and Union territory of Goa, Damanand Diu by Notification No. G.S.R. 436, dated 16-4-1873, Gazette of India, Part II, sec. 3(i).This Act has been amended in Uttar Pradesh by U.P. Act 20 of 1960 (w.e.f. 1-1-1960), Bihar by Bihar Act 3 of 1961,Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 23, for clause (a).
4. Subs. by Act 30 of 1957, s. 2, for “Central Government, by a railway administration” .
5. Subs. by the A.O. 1950, for “an Act of the Central Legislature”
6. Ins. by Act 61 of 1986, s. 23.
7. Subs. by Act 26 of 1954, s. 2, for“clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (25 of 1934)”.

Page 4

1. Ins. by Act 30 of 1957, s. 2.
2. Subs. by the A.O. 1950, for “Crown”.
3. Subs. by Act 26 of 1954, s.3, for sub-section (1).
4. Subs. by Act 31 of 1961, s. 2, for clause (a).

Page 5

1. Ins. by Act 30 of 1957, s. 3.
2. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2.
3. Subs. by s. 2, ibid., for certain words.
4. Ins. by s. 2, ibid.

Page 6

1. Subs. by Act 30 of 1957, s. 3 for clause (b).

Page 7

1. Subs. by Act 30 of 1957, s. 4, for section 5.

Page 8

1. Subs. by Act 30 of 1957, s. 6, for “committees, sub-committees, advisory committees and the advisory sub-committeesappointed under sections 5 and 6”
2. The words “advisory committee, advisory sub-committees” omitted by s. 7, ibid.
3. Subs. by s. 8, ibid., for section 10.
4. The words and figures “or section 10” omitted by s. 9, ibid.

Page 9

1. Section 13 re-numbered as sub-section (1) of thereof by Act 30 of 1957, s. 10.
2. Ins. by s. 10, ibid.
3. Subs. by Act 26 of 1954, s. 4 for “section 47 of the Factories Act, 1934 (25 of 1934)”.

Page 10

1. Subs. by Act 30 of 1857, s. 11, for clause (d).
2. Ins. by s. 11, ibid.

Page 11

1. Subs. by Act 30 of 1957, s. 12, for “any Commissioner for Workmen’s Compensation or”.
2. Ins. by s. 12, ibid.
3. Subs. by s. 12, ibid., for certain words.
4. Subs. by s. 12, ibid., for sub-section (3) .

Page 12

1. Subs. by Act 30 of 1957, s. 13, for “A single application”.
2.Ins. by s. 13, ibid.
3. Subs. by s. 14, ibid., for section 22.

Page 15

1. Ins. by Act 30 of 1957, s. 15.
2. Ins. by Act 26 of 1954, s. 5.

Page 16

1 The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, s. 16.
2. Ins. by Act 31 of 1961, s. 3.
3. Section 30A re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).

Page 17

1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
2. Subs. by Act 31 of 1961, s. 4, for section 31.

Page 18

1. Subs. by Act 30 of 1957, s. 18, for item No. 7.
2. Ins. by notification No. S.O. 3760, dated 4th December, 1962.
3. Ins. by notification No. S.O. 3760, dated 30th October, 1962.
4. Ins. by notification No. S.O. 1987, dated 30th May, 1968.
5. Ins. by notification No. S.O. 586, dated 5th February, 1970.
6. Ins. by notification No. S.O. 795, dated 13th February, 1970.
7. Ins. by notification No. S.O. 796, dated 18th February, 1970.
8. Ins. by notification No. S.O. 2357, dated 1st July, 1970.
9. Ins. by notification No. S.O. 3896, dated the 3rd September, 1971.10. Ins. by notification No. S.O. 3898, dated 15th September, 1971.11. Ins. by notification No. S.O. 2972, dated 1st July, 1972.12. Ins. by notification No. S.O. 2973, dated 1st July, 1972.13. Ins. by notification No. S.O. 2974, dated 6th July, 1972.

Page 19

1. Ins. by notification No. S.O. 1587, dated 24th May, 1973.
2. Ins. by notification No. S.O. 2311, dated 3rd July, 1975.
3. Ins. by notification No. S.O. 4030, dated 4th February, 1976.
4. Ins. by notification No. S.O. 558, dated 29th January, 1977.
5. Ins. by notification No. S.O. 1823, dated 14th June, 1978.
6. Ins. by notification No. S.O. 2945, dated 22nd September, 1978.
7. Ins. by notification No. S.O. 2950, dated 25th September, 1978.
8. Ins. by notification No. S.O. 3248, dated 26th October, 1978.
9. Ins. by notification No. S.O. 3671, dated 7th December, 1978.10. Ins. by notification No. S.O. 1757, dated 16th June, 1980.11. Ins. by notification No. S.O. 2473, dated 3rd September, 1980.