Agricultural Wages (Amendment) Act, 1945
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Provisions in relation to civil proceedings for the recovery of underpayments of wages. |
4.—(1) Where there has been an underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period, then, subject to subsection (2) of this section, an officer of the Board may, in the name and on behalf of the agricultural worker, institute civil proceedings to recover the amount of the said underpayment, without prejudice however to the right of the agricultural worker to institute such proceedings. | |
(2) Notwithstanding anything contained in any enactment, civil proceedings shall not, on or after the date of the passing of this Act, be commenced to recover an underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period unless— | ||
(a) in case the agricultural worker has at the date of the commencement of the proceedings ceased to be in the employment of the agricultural employer,— | ||
(i) the proceedings are commenced within two years after the date of such cesser, and | ||
(ii) the said wages period falls wholly or partly within the two years ending on the date of such cesser, or | ||
(b) in case the agricultural worker is in the employment of the agricultural employer at the date of the commencement of the proceedings, the said wages period falls wholly or partly within the two years ending on the date of the commencement of the proceedings. | ||
(3) Subsection (5) of section 19 of the Principal Act shall cease to apply to civil proceedings commenced, on or after the date of the passing of this Act, to recover an underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period. |