anand law classes

  Responsibility of Employer under the Payment of Wages Act 1936 Q.   (a) Write a short note on the responsibilities of an employer under the Payment of Wages Act?   (b) What provision does this Act contain to compel the employer to perform his obligations properly? (c) Who is responsible for the payment of wages? (d) By what time should wages be paid under the Payment of Wages Act 1936?   Responsibilities of the employer:- The various responsibilities of the employer under the Payment of Wages Act are as under- Responsibility to pay wages —The responsibility for payment of wages is primarily that of the employer.   Section 3 of the Act , imposes the responsibility to pay the wages of the employees which he required to pay under the Act. Who is the employer?- The   definition of employer under Section 2 (ia) says that only the term ‘employer’ includes the legal representatives of the deceased employer. In absence of complete definition the ...

  Q.  What are the object of the Payment of Wages Act, 1936?  Define the term ‘Wage’ under the Payment of Wages Act, 1936. Explain the main theories of wages. Object of payment of Wages Act , 1936:- The preamble of the Act discloses the object of the Act which runes as “An Act to regulate the payment of wages to certain classes of persons employed in Industry”. In case of R.B. Shah v. V.R. Savarkar, (1952) L.L.J. 78,  the court observed that the “The Payment of Wages Act was enacted for the purpose of safeguarding the wages of the employees under certain conditions laid down in the Act”. It has been held in the case of Codiyala Vayala Press v. Manappa, (1963)ILLJ 638 , that the main object of the Act is to prohibit the delay in payment of wages and unauthorized deductions. In another case Rameshwar Lal v. Jogindera Das, AIR 1970 Orissa 70 the aim of the Act is to ensure the timely payment of the wages to the persons employed in industry, and give adequate damages/co...

    Q 7(a) Does the code of Civil Procedure make any provision for preventing courts of concurrent jurisdiction from trying at the same time two parallel suits in respect of the same matter in issue? If so what? Discuss. Q 7 (b) what do you mean by Res-sub judice(stay of suit) Section 10 CPC Stay of Suit No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in   1 [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of  1 [India] established or continued by  2 [the Central Government]  3 [***] and having like jurisdiction, or before  4 [the Supreme Court]. Explanation - The pendency of a suit in a foreign Court does not preclude the Cour...

                                                                                  Lecture -6   Q 6. (a) what do you mean by jurisdiction. what are the various kind of Jurisdiction? Q 6 (b) What do you mean by the place of suing? what is the place of filling suits other than that pertaining to movable property or tort to the person or movable property? Q 6. (c) what is the place of suing for torts to a person or movable property. Q 6 (d) What are the rules regarding the determination of place of suing. (i)                 In case of dispute regarding the immovable property. (ii)              In cas...

                                                              Lecture-5 Q.   5. What do you mean by plaintiff & defendant? what do you mean by   Performa defendant. Q 5 (b) what is the difference between a necessary and proper party to a suit. What is the effect of non-joinder of proper parties in a suit. Q   5(c)what do you mean by joinder and non joinder of parties. Q 5 (d) what do you mean by misjoinder of parties. Q 5 (e) Where the plaintiff or defendant is a minor or person of unsound mind statement to that effect. Q 5 (e)What do you mean by “legal representative” and next friend. Plaintiff:- Plaintiff is the person who brings a suit or commences an action against the defendant. It is the plaintiff who approaches a court of law by filing a suit for reliefs claimed in ...