Section 24 of MWA, 1948 : Section 24: Bar Of Suits

Explanation using Example

Imagine a factory worker named Raj who believes he has not been paid the minimum wage by his employer for the past three months. Raj decides to take action to recover his unpaid wages.

Scenario 1: Raj files an application under section 20 of the Minimum Wages Act, 1948, seeking recovery of his unpaid wages. While his application is pending, he also files a suit in a civil court for the same recovery of wages. In this case, the court will not entertain his suit because it is the subject of an ongoing application under section 20.

Scenario 2: The authority under section 20 has already directed the employer to pay Raj the unpaid wages. Raj receives the payment as per the direction. However, he then files another suit in the civil court for the same wages. The court will not entertain this suit because the wages have already been recovered through a direction under section 20.

Scenario 3: Raj's application under section 20 is adjudicated, and it is determined that the wages he claimed were not due to him. If he tries to file a suit in a civil court for the same wages, the court will not entertain the suit because the matter has been adjudicated under section 20 and found not to be due.

Scenario 4: Raj never filed an application under section 20 but instead went straight to the civil court. The court may refuse to entertain his suit if it finds that he could have applied under section 20 for recovery of the wages.