Procedure to file case under Payment of wages Act | limitation | Place of filing | Sample petition

 Filing a case under the Payment of Wages Act, 1936 is a statutory remedy available to employees for claiming unpaid or delayed wages. As an advocate, here's a structured guide to help you proceed:

✅ I. Jurisdiction: Where to File the Case

A. Appropriate Authority:

Cases under the Payment of Wages Act must be filed before the Authority appointed under Section 15 of the Act.

B. Who is the Authority?

The State Government appoints one or more of the following as the Authority:

• Presiding Officer of a Labour Court, or

• Industrial Tribunal, or

• Any other officer with judicial experience (such as a Deputy Labour Commissioner)

C. Territorial Jurisdiction:

File the case in the jurisdiction where:

• The employee was employed, or

• The employer resides/carries on business, or

• The payment of wages was to be made

✅ II. Time Limit to File the Case

• Within 12 months from the date on which the wages were due.

• Delay can be condoned if sufficient cause is shown.

✅ III. Parties to the Petition

• Applicant: The employee (or multiple employees)

• Respondent: The employer (individual, company, or organization)

If you're representing the employee(s), you can file as an advocate, or under a Power of Attorney.

✅ IV. Format of Petition (Sample)

Here's a sample format for a petition under Section 15 of the Payment of Wages Act, 1936:

Before the Authority under the Payment of Wages Act, 1936

[Name of Labour Authority / Presiding Officer, Place]

Petition No. _____ / 20__

In the matter of:

[Name of Workman/Employee],
S/o [Father’s Name],
Resident of [Address],
…Applicant

Versus

[Name of Employer/Company],
[Address of Registered Office/Factory],
…Respondent

Petition under Section 15 of the Payment of Wages Act, 1936

The Applicant above-named most respectfully submits as under:

1. That the Applicant was employed as a [designation] by the Respondent at [place of work].

2. That the Applicant was drawing a monthly wage of ₹[amount].

3. That the Applicant has not been paid wages for the period from [date] to [date], amounting to ₹[total amount].

4. That the said wages were legally due and payable on [mention due dates], but despite repeated requests and demands, the Respondent has failed and neglected to make the payment.

5. That such non-payment/delay is in violation of the provisions of Section 5 and 7 of the Payment of Wages Act, 1936.

6. That the cause of action arose on [date], and this petition is filed within the limitation period / or delay may be condoned due to [reason].

7. The Applicant prays for:

   a. Direction to the Respondent to pay the withheld wages of ₹[amount];

   b. Compensation under Section 15(3) of the Act;

   c. Costs of the proceedings;

   d. Any other relief deemed just and proper.

Place: [City]
Date: [DD/MM/YYYY]
Sd/-
[Name of Applicant/Advocate]
[Enrolment No. if advocate]

✅ V. Documents Required

• Appointment letter / offer letter

• Salary slips (if any)

• Bank statements showing no wage credit

• Demand notice (optional but recommended)

• Affidavit (supporting the petition)

• Vakalatnama (if you're the advocate)

• Copy of identity proof of the worker

✅ VI. Procedure After Filing

1. The Authority will issue notice to the Respondent.

2. A reply will be filed by the Respondent.

3. Evidence and hearing.

4. Final order – which may include directions for payment and compensation.

✅ VII. Fees

• Nominal court fees (e.g., ₹1/- or as prescribed under local rules).

• No advocate is required, but legal representation is allowed.

✅ VIII. Appeals

• Appeal lies to the District Court under Section 17, within 30 days from the date of the order, if:

  • The amount claimed exceeds ₹300, or

  • A question of law is involved