1)The employee can file an application under Sec.20 of teh Min.Wages Act for recovery of minimum wages. or alternatively
2) he can also file an application under sec.33(C) of the Industrial Disputes Act for recovery or computation of minimum wages.
3) the employer will be liable for penal consequences like sentence or fine or both for failure to pay minimum wages prescribed by the appropraite government.
HR & Labour Law advisor
12th March 2012 From India, Mumbai
14th March 2012 From India, Pune
In the case of a claim for the payment of the difference between the actual amount paid to the workmen (which is less than the notified minimum wages) and the notified minimum wages, is filed before the Authority under the Minimum Wages Act then that Authority can, in addition to directing the employer to pay the difference between the minimum wages payable and the wages actually paid, and, in addition direct the employer to pay compensation not exceeding ten times the difference between the notified minimum wages paid and the wages actually paid.Please see section 20(3)(i) of the Minimum Wages Act. This compensation could be in addition to any other penalty that could be imposed on the employer.
14th March 2012 From India, Madras
Above said are correct.
And also respected Labour Commissioner from Labour Department will visit in every year for inspection purpose and to check the records, register under the Act, if they found your organization as faulty then below said will be applicable with your organization;
-> Punishable under the minimum Wages act,
-> Imprisonment up to 6 month,
-> With fine up to Rs.500,
-> And Difference amounts should payable to labour,
6th May 2014 From India, Hyderabad