JUDGMENT V.N. Khare, J. - This petition under Article 226 of the Constitution is directed against an order dated 21.1.1987 passed by the Addl. District Judge, Kanpur Nagar setting aside the order passed by the Payment of Wages Authority and remanding the case to him for deciding the matter afresh. 2. Learned counsel for the petitioner urged that the appeal filed by the respondent Nos. 2 and 3 against the order of the Payment of Wages Authority was incompetent as the money required to be deposited under Section 17 of the Payment of Wages Act was not deposited. The argument has no merit, and must be rejected. A cheque for the amount awarded by the Payment of Wages Authority was presented but the same could not be encashed. The cheque was encashed after the filing of the appeal. It is not a case where no amount was deposited at all. Under the circumstance, the appeal cannot be said to be incompetent. 3. Learned counsel for the petitioner then urged that the responding having at all, no evidence before the Payment of Wages Authority as to how the claim petition was barred by time, it was not open to the appellate authority to direct the Payment of Wages Authority to consider this aspect of the matter as well. I am not inclined to go through this question at this stage. The petitioner may raise this point before the Payment of Wages Authority if he is so advised by his learned counsel. There is no merit in the writ petition. It is accordingly dismissed.