if any case under section 15 (2)(3) 50 plaintiff but oral evidence given by only one plaintiff can authority give order all plaintiff
From India, Delhi
From India, Delhi
Dear cmsharma8133,
My view is as under:
1. Yes, in case of the application, may be multiples or single presented on behalf or in respect of any number of employed persons belonging to the same unpaid group.
2. No, in case applications belonging to different unpaid groups.
From India, Mumbai
2556My view is as under:
1. Yes, in case of the application, may be multiples or single presented on behalf or in respect of any number of employed persons belonging to the same unpaid group.
2. No, in case applications belonging to different unpaid groups.
From India, Mumbai
Dear CMS
Please be noted the provisions of Evidence Act are not applicable in the case of PWAct.
The Authority only has to see whether any illegal deduction was made or not. If the Authority is satisfied only evidence of one applicant that the illegal deduction is there he can order for payment in respect of the other joint applicants. Even if there is no oral evidence and the illegal deduction is proved on the basis of the documents/records submitted before the Authority he can order for payment of the wages and penalty both as per provisions of the PWAct.
pkjain
From India, Delhi
Please be noted the provisions of Evidence Act are not applicable in the case of PWAct.
The Authority only has to see whether any illegal deduction was made or not. If the Authority is satisfied only evidence of one applicant that the illegal deduction is there he can order for payment in respect of the other joint applicants. Even if there is no oral evidence and the illegal deduction is proved on the basis of the documents/records submitted before the Authority he can order for payment of the wages and penalty both as per provisions of the PWAct.
pkjain
From India, Delhi
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PAYMENT OF WAGES ACT 2009.doc