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
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From India, Delhi
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Dear cmsharma8133,
My view is as follows:
1. Yes, in the case of the application, there may be multiples or a single application presented on behalf of or in respect of any number of employed persons belonging to the same unpaid group.
2. No, in the case of applications belonging to different unpaid groups.
Thank you.
From India, Mumbai
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2584My view is as follows:
1. Yes, in the case of the application, there may be multiples or a single application presented on behalf of or in respect of any number of employed persons belonging to the same unpaid group.
2. No, in the case of applications belonging to different unpaid groups.
Thank you.
From India, Mumbai
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Dear CMS,
Please note that the provisions of the Evidence Act are not applicable in the case of the PWAct. The Authority only has to see whether any illegal deduction was made or not. If the Authority is satisfied with the evidence of one applicant regarding the illegal deduction, he can order payment in respect of the other joint applicants. Even if there is no oral evidence and the illegal deduction is proven based on the documents/records submitted before the Authority, he can order payment of the wages and penalty as per the provisions of the PWAct.
pkjain
From India, Delhi
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Please note that the provisions of the Evidence Act are not applicable in the case of the PWAct. The Authority only has to see whether any illegal deduction was made or not. If the Authority is satisfied with the evidence of one applicant regarding the illegal deduction, he can order payment in respect of the other joint applicants. Even if there is no oral evidence and the illegal deduction is proven based on the documents/records submitted before the Authority, he can order payment of the wages and penalty as per the provisions of the PWAct.
pkjain
From India, Delhi
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PAYMENT OF WAGES ACT 2009.doc