Claims under Code and procedure thereof
Section 45 of the Code on Wages, 2019 deals with claims under Code and procedure thereof. The appropriate Government may, by notification, appoint one or more authorities, not below the rank of a Gazetted Officer, to hear and determine the claims which arises under the provisions of this Code. The Act was enacted on 08 Aug 2019.
(1) The appropriate Government may, by notification, appoint one or more authorities, not below the rank of a Gazetted Officer, to hear and determine the claims which arises under the provisions of this Code.
(2) The authority appointed under sub-section (1), while deciding the claim under that sub-section, may order, having regard to the circumstances under which the claim arises, the payment of compensation in addition to the claim determined, which may extend to ten times of the claim determined and endeavour shall be made by the authority to decide the claim within a period of three months.
(3) If an employer fails to pay the claim determined and compensation ordered to be paid under subsection (2), the authority shall issue a certificate of recovery to the Collector or District Magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee.
(4) Any application before the authority for claim referred to in sub-section (1) may be filed by,--
(a) the employee concerned; or
(b) any Trade Union registered under the Trade Unions Act, 1926 (16 of 1926) of which the employee is a member; or
(c) the Inspector-cum-Facilitator.
(5) Subject to such rules as may be made, a single application may be filed under this section on behalf or in respect of any number of employees employed in an establishment.
(6) The application under sub-section (4) may be filed within a period of three years from the date on which claims referred to in sub-section (1) arises:
Provided that the authority referred to in sub-section (1) may, entertain the application after three years on sufficient cause being shown by the applicant for such delay.
(7) The authority appointed under sub-section (1) and the appellate authority appointed under subsection (1) of section 49, shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority or appellate authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 45, The Code on Wages, 2019 (Act 29 of 2019).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Steel Authority of India Ltd. vs Jaggu
Decided under minimum-wages-act-1948 20, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The jurisdiction of the authority hearing wage claims is limited to deciding whether the worker has been paid less than the rate to which he is statutorily entitled; it cannot be used to adjudicate a claim to parity with the regular employees of the principal employer, which requires proof of similarity of work and lies elsewhere.
On this section: Fixes the subject-matter boundary of the claims jurisdiction now conferred by section 45: shortfall against the entitled rate, not a general wage-parity adjudication.
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State Bank of India & Ors. v. Shri Basukinath Das & Ors.
Decided under minimum-wages-act-1948 20, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Patna HC, CWJC 2922/2003, Final Order order-1.pdf (DATE VERIFIED 2010-04-07). Bank challenged Labour Court jurisdiction in Minimum Wages claim by dispensary assistant. Court held SBI is a statutory corporation established by s.3 of the SBI Act, 1955 (Central Act); appropriate Government under Minimum Wages Act is therefore Central Government; State Labour Court lacked jurisdiction. Proceedings quashed.
On this section: Locates the forum under section 45 by reference to which Government is the appropriate Government for the establishment, and holds an order by the wrong Government's authority to be a nullity.
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Eureka Forbes Ltd. vs Uoi, Ors.
Decided under minimum-wages-act-1948 20, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The compensation the claims authority may award over and above the wage difference is discretionary and must bear a proportion to the amount actually withheld; an award multiplying a small shortfall into a grossly disproportionate sum was interfered with and reduced.
On this section: Controls the compensatory component of an order under section 45, requiring the sum awarded beyond the shortfall to be proportionate rather than punitive.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 45
What have the courts held on Section 45 of the Code on Wages?
Steel Authority of India Ltd. vs Jaggu is the leading judgment on this section among those set out below, though it was decided under MINIMUM-WAGES-ACT-1948 20, which this section replaced -- the court never mentioned this Act: Fixes the subject-matter boundary of the claims jurisdiction now conferred by section 45: shortfall against the entitled rate, not a general wage-parity adjudication. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2004 to 2010.
How do I find court cases under Section 45 of the Code on Wages?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code on Wages 2019 45, section 45 Code on Wages 2019, section 45 of the Code on Wages. People searching for it also type code on wages 2019 section 45. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Steel Authority of India Ltd. vs Jaggu.
What should I read with Section 45 of the Code on Wages, and has it changed?
Its own text turns on section 49 (Appeal), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When was Section 45 of the Code on Wages enacted?
Section 45 of the Code on Wages, cited as Code on Wages 2019 45, was enacted on 08 Aug 2019 as Act 29 of 2019. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1802 words
- 67. Power of appropriate Government to make rules1008 words
- 18. Deductions which may be made from wages883 words
- 26. Eligibility for bonus, etc843 words
- 42. Central Advisory Board and State Advisory Boards663 words
- 51. Appointment of Inspector-cum-Facilitators and their powers456 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.