‘‘wages'' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment 9 [and includes house rent allowance], but does not include—
(i) the value of
(ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance;
(iii) any travelling allowance or the value of any travelling concession;
(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
(v) any gratuity payable on discharge;
(a) any house accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any service excluded by general or special order of the appropriate Government;
(i) ‘‘employee'' means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 10 [Union]. State Amendments Madhya Pradesh. —(1) In section 2, in clause (e), for the words, brackets and figures ‘‘and includes, except in sub-section (3) of section 26”, substitute the words, brackets and figures ‘‘and includes a person deemed to be employer under section 22CC and further includes, except in sub-section (3) of section 26”. [ Vide Madhya Pradesh Act 11 of 1959, sec. 2 (w.e.f. 1-6-1959 ) and Madhya Pradesh Act 23 of 1961, sec. 21 (b) (w.e.f. 23-6-1961 ).]
(2) In section 2, renumber clause (i) as clause (ee) and to the clause (ee), as so renumbered, add the following Explanation, namely:— “Explanation .—An employee who has been dismissed, discharged or retrenched from employment or whose employment has been otherwise terminated shall, in respect of all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or wages at the overtime rate under section 14 during the period of his employment, be deemed to be an employee for the purpose of this Act.'' [ Vide Madhya Pradesh Act 23 of 1961, sec. 2 (w.e.f. 23-6-1961 ).]
Maharashtra —In section 2, in clause (i), for the words ‘‘and management of that other person'', substitute the words ‘‘and management of that other person; and includes for the purposes of sections 20, 21, 22, 22A, 22B, 22C and 22D any person who has been an employee and who has ceased to be so by reason of superannuation, retirement, dismissal, removal, discharge, termination of his service, or otherwise howsoever.” [ Vide Maharashtra Act 3 of 1963, sec. 2 (w.e.f. 14-1-1963 ).]
3 Fixing of minimum rates of wages. — 11 [
(1) The appropriate Government shall, in the manner hereinafter provided,—
12 [(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of SCHEDULE and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of SCHEDULE, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;]
(b) review at such intervals, as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: 13 [Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.]