Payment of
Wages Act [IV of 1936]
Section 2(vi)—
“Wages”—defined—Includes
any sum payable on termination of employment.
Respondent
No. 2 could have applied to the Labour Court under section 34 for determination
of the quantum of the termination benefits.
Sekander
Miah vs Chairman, 1st Labour Court, 41 DLR 203.
Section 2(vi)—
Gratuity of
any type, either on discharge, or termination or arising out of a settlement is
not included in the definitive clause as wages.
Shaw Wallace
Bangladesh Limited vs Tofazzal Hossain son of late Abdul Kader and others 50
DLR 22.
Sections 2(vi), 3 & 15(2)—
Not only the
person in employment but anybody competent under section 15(2) of the Act on
his behalf who was in employment can make an application for dues within the
period of limitation. There is no substance in the submission that an
application made by a person not in employment is not maintainable.
Editor,
Bangladesh Observer, & another vs Member, Labour Appellate Tribunal and
others 50 DLR 606.
Section 7—
Non-payment
of the gratuity does not come within the scope of deduction from wages. No
provision is made for deduction of gratuity from wages under this section.
Shaw Wallace
Bangladesh Limited vs Tofazzal Hossain son of Late Abdul Kader and others 50
DLR 22.
Section 15—
To come
under section 15(2) of the Payment of Wages Act the requirements are that the
complainant must be a worker in a factory and be still employed.
Shaw Wallace
Bangladesh Limited vs Tofazzal Hossain son of late Abdul Kader and others 50
DLR 22.
Section 15—
This Court
can as well for doing complete justice in any cause treat the application under
section 25(1)(b) as an application under the Payment of Wages Act for
realisation of the benefits consequent upon retirement of the deceased worker.
BWDB and
others vs Chairman, Divisional Labour Court, Khulna and others 55 DLR (AD) 5.
Section 15(2)—
the objects
and purpose of the Payment of Wages Act and the objects and purpose of the
Employment of Labour (SO) Act and Industrial Relations Ordinance are not in
pari materia. Their fundamentals are different in nature. A person cannot seek
relief under the Payment of Wages Act for a claim arising out of the Standing
Orders Act as that will cause anomaly: Once it is allowed the aggrieved persons
mostly will come under section 15(2) of the Payment of Wages Act to avail of a
larger period of limitation.
Shaw Wallace
Bangladesh Limited vs Tofazzal Hossain son of late Abdul Kader and others 50
DLR 22.
Section 15(2)—
For not
availing of the forum as provided in section 25 of the Act of 1965 a worker is
not precluded from realising the termination benefits by filing an application
under section 15(2) of the Act of 1936.
Managing
Director, Contiforms Forms Limited and Peasant Trading Cold Storage (Pvt) Ltd
vs Member, Labour Appellate Tribunal, Dhaka and others 50 DLR 476.
Section 15(2)—
From the
definition of ‘wages’ in the Act of 1936 and in the Act of 1965 it is quite
clear that termination benefit as provided in section 19 of the Act of 1965 is
also ‘wages’.
Managing
Director, Contiforms Forms Limited and Peasant Trading Cold Storage (Pvt) Ltd
vs Member, Labour Appellate Tribunal, Dhaka and others 50 DLR 476.