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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Wages, 2019

Ramesh, an employee of Bharat Components Ltd in Pune, wants to claim unpaid wages arising under the Code on Wages, 2019. The claim arose 4 years ago. Which statement is correct?

The authority may entertain the application after three years if the employee shows sufficient cause for the delay. The normal limit is three years from when the claim arises, but the Code provides this proviso for late applications.

  1. AThe application is barred absolutely after three years
  2. BThe application may be filed only by the Inspector-cum-Facilitator
  3. CThe application must be filed before a Metropolitan Magistrate
  4. DThe authority may entertain it after three years if sufficient cause for delay is shownCorrect

Explanation

Section 45(6) allows a claim application within three years of the claim arising, but the authority may entertain it later on sufficient cause being shown for delay. The employee himself may apply under section 45(4), so the second option is wrong, and the claim goes to the appointed authority, not a magistrate.

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