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The Payment of Wages Act, 1936 and the Minimum Wages Act, 1948 if they can Scratch each other’s Back?

By M. M. Ahuja

Published In

Lab IC 2000

It is a matter of common knowledge that the Payment of Wages Act, 1936 (for brevity PWA) as amended up-to-date — is applicable where the wages of an employed person do not exceed Rs. 1600/- p.m. However, irrespective of the said limit, there is an increasing trend amongst trade union advocates, to file applications under the PWA and then contend that by virtue of Section 22-F of the Minimum Wages Act 1948 (for brevity MWA), the claim application is maintainable. Let us not forget both the PWA and the MWA are complete Codes and the quasi judicial tribunals in both these enactments have specified and very limited jurisdictions. The crucial issue, therefore, arises if the PWA and the MWA can scratch each other’s back? The purpose of this write up is to make a legal dissection if provisions of Section 22-F of the MWA can be read in proceedings under the PWA. It necessitates a cat scan of the extent of application of the PWA and the MWA respectively. x ....

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