Section 45 of the Code on Wages, 2019: Claims and Procedure
Section 45 creates the statutory mechanism for hearing and determining claims arising under the Code on Wages, 2019. It deals with the authority that decides claims, compensation, recovery, who may apply, group claims, limitation and procedural powers.
Section 45 - Claims under Code and procedure thereof
(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 sub-section (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 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 sub-section (1) of section 49, shall have all the powers of a civil court under the Code of Civil Procedure, 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.
Note on statutory wording: The text above follows Section 45 of the enacted Code. References appearing in the section to other enactments should be read together with later repeal, savings, adaptation and corresponding-law provisions wherever applicable.
What Section 45 means
Limitation period for a wage claim
Under Section 45(6), an application may ordinarily be filed within three years from the date on which the claim arises. The proviso gives the authority power to entertain an application after three years where the applicant shows sufficient cause for the delay.
Powers and procedure of the authority
Section 45(7) gives the claims authority and the appellate authority under Section 49 specified powers of a civil court for taking evidence, enforcing attendance of witnesses and compelling production of documents. This gives the adjudicatory process statutory tools for receiving and testing evidence rather than treating a wage claim as a purely administrative representation.
Meaning of "appropriate Government"
The expression is defined in Section 2 of the Code on Wages, 2019. In practical terms, whether the Central Government or a State Government is the appropriate Government depends on the category and control of the establishment specified by the Code. The correct notified authority should therefore be identified before a claim is filed.
Meaning of "Inspector-cum-Facilitator"
The Code uses the expression "Inspector-cum-Facilitator" for the inspection and facilitation framework established under the Code. Section 45(4)(c) expressly permits such an officer to file an application before the claims authority.
Official legal resources
For the authoritative statutory text and commencement notification, refer to the official Government sources below. The Code on Wages, 2019 is Act No. 29 of 2019 and consolidates laws relating to wages and bonus.
India Code - Code on Wages, 2019
Ministry of Labour and Employment
Last reviewed: 16 September 2026. This page is an informational guide; always verify the applicable notification, rules and notified authority for the relevant establishment and jurisdiction.