Q: I am employed in an industrial establishment which is a unit of a public limited company. For the last three months, I have not been paid wages for reasons unknown to me. Also, at the time of last payment of my wages, a sum of money was deducted on the ground of alleged loss suffered by the company due to default and neglect on my part while on duty. I have written to the management requesting to explain what was my fault and why my wages have not been paid. But I have got no reply. I am looking for another job. But I want to take legal steps against the company for recovering unpaid wages and the amount illegally deducted from my last paid wages. What are my legal remedies? Should I file a writ petition or a civil suit against the company?
Umesh Majumdar
A: Your remedy seems to be under the Payment of Wages Act, 1956. Under section 15 (2) of the act, if there is a dispute regarding deduction of wages or delay in payment of wages, the aggrieved employee may apply to the authority constituted under section 15(1) of the act for appropriate direction. The authority, if satisfied with the applicant’s case, may direct refund of the amount deducted and or payment of the delayed wages to him, together with the payment of such compensation as the authority may think fit, subject to the maximum limit of compensation prescribed in section 15(3) of the act. Section 22 of the act bars filing of a suit for recovery of deducted or unpaid wages, which can be recovered by an application under section 15 of the act. Further, the high court is unlikely to entertain any writ petition in view of alternative statutory remedy that you have under section 15 of the act.
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