Employer Ignoring Minimum Wage Judgment: What Can the Employee Do Next?

Employee's Case Against Minimum Wages Settlement

An employee filed a case against the minimum wages settlement with the Labour Commissioner Department in Tamil Nadu under the Indian Minimum Wages Act of 1948. The judgment was in favor of the employee, stating that the employer should pay all pending wages along with compensation within three months of the judgment. However, despite eight months passing, the employer has neither settled the payment nor filed any appeal regarding the judgment. The employee has filed a petition with the Labour Commissioner of Tamil Nadu, but no action has been taken to recover the amount.

Steps for the Employee to Take Next

Now, what further steps does the employee need to take to receive the amount as per the judgment?

Dear Karthik, your narration of the case seems unclear to me. Whether the orders directing the employer to pay the wages with compensation were a judgment passed by a court or orders under Section 20 of the MW Act, 1948 by the authority under the Act in a claim petition? My presumption is that it must be orders passed by the authority on a claim filed by the workman. In such a case, for the recovery of the awarded amount, the workman should approach the same authority so that he can submit a request under Section 20(5)(b) of the Act to the Judicial Magistrate for the area to recover the same from the employer as if a fine imposed by the court.