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1992 DIGILAW 868 (ALL)

Sahkari Ganna Vikas Samiti Ltd. v. Prescribed Authority Asstt. Labour Commissioner Muzaffar Nagar

1992-07-08

D.P.S.CHAUHAN

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JUDGMENT D.P.S. Chauhan, J. - By means of this petition which is a registered co-operative society, has challenged the decision of the Authority under the Payment of Wages Act passed under Section 15 thereof. 2. Heard learned Counsel for petitioner Sri S. P. Singh and learned Counsel for respondents St Shyam Narain learned Counsel for petitioner argued that tho Authority under the Payment of Wages Act had no jurisdiction as there was a dispute between the petitioner and respondents other than respondent No. 1 that the employee who are respondents except respondent No. 1 were not employed during period for which wages were claimed Learned Counsel for respondents pointed out that against tho order of the Authority under Section 15 of the Payment of Wages Act an appeal is provided under Section 17 of the said Act. Since the impugned order is appealable this Court may not interfere in exercise of its jurisdiction under Article 226 of the Constitution of India. 3. Learned Counsel for petitioner submitted that it is a question of jurisdiction which goes to the root of the and may be decided by this Court under Article 226 of the Constitution as the appellate authority can not be compelled to decide the question. This submission is mis-founded as the appellate authority has full jurisdiction to deal with the question of Jurisdiction of initial authority. This difficulty would not come before the petitioner, If he prefers an appeal before the appellate authority. 4. Next he submitted that the time of filing of the appeal has lapsed on account of the legal advice for approaching this court and if the appeal is rejected on the ground of limitation interest of the petitioner would be jeopardised. The statement of the learned Counsel for the petitioner that on account of legal advice She appeal could not be filed in time cannot be disbelieved and in the interest of the petitioner should not to be suffer. I have heard the learned Counsel for the respondents on this point also. He has no objection, if the petitioner is relegated to file the appeal and the time for filing the appeal is extended by this Court. 5. It is a fit case in which appeal should be preferred at the appellate authority would deal with the questions of law and jurisdiction as well as question of facts. He has no objection, if the petitioner is relegated to file the appeal and the time for filing the appeal is extended by this Court. 5. It is a fit case in which appeal should be preferred at the appellate authority would deal with the questions of law and jurisdiction as well as question of facts. consider it appropriate to relegate the petition to a proper forum of appeal provided under Section 17 of the aforesaid Act. So far as the question of limitation is concerned. direct that the appellate authority shall entertain the appeal of the petitioner without taking the technicality of (Imitation, if the appeal is preferred within a period of one month from today since there is a requirement for accompanying certificate with the memo of appeal from the authority to the effect that the appellant has deposited the amount as required. As per the requirement of Section 17 (1)-A of the Payment of Wages Act, the concerned authority shall issue a certificate an deposit of the amount within a period of three weeks from today. 6. With the above directions the petition is disposed of finally. 7. A copy of the order shall be made available to the learned Counsel for the parties on payment of usual charges within a period of two days.