Law: Payment of Wages Act, 1936

Section: 17(1)

Payment of Wages Act (IV of 1936), S. 17 (1)-Person competent to file appeal-Where another--Person apart from the employer is responsible for to payment of wages appeal must be filed by that person and not the employer. Section 17, clause (a) provides that an appeal may be filed "by the employer or other person responsible for the payment of wages under section 3, which expression can only mean that an appeal is to be filed either by the employer or, in cases where some other person is responsible for the payment of wages, by that other person. JUDGMENT AKHLAQUE HUSAIN, J.-The opposite party Tohid Hussain, an employee of the N. W. Railway in the-Rawalpindi Division, applied to the District Magistrate, Gujrat, as the Authority under the Payment of Wages Act for Gujrat Area, for directions under subsection 3 of section 15 of Payment of Wages Act (IV of 1936) in respect of his wages for certain periods. He im­pleaded the Divisional Superintendent of the Rawalpindi Divi­sion, who was the Pay Master for the Division, as the opposite party. Aggrieved by the directions dated the 8th of February, 1952, of the said Authority, an appeal was filed under section 17 of the Act by the Litigation Inspector, N: W. Railway on behalf of the Federation of Pakistan in the Court of the District Judge, Gujranwala, exercising jurisdiction for Gujrat District. Three different Litigation Inspectors appeared in the Court of the District judge from time to time who were each of them given a power of attorney by the General Manager, N.-W. Railway. By his order dated the 9th of May, 1953, the learned District judge dismissed the appeal as incompetent on the ground that it had not been filed by the proper person, namely, the Pay Master of the Rawalpindi Division. This petition under section 115 of the Code of Civil Procedure has been filed in this Court on behalf of the Federation of Pakistan questioning the legality of the order of the appellate Court. Section 17 (1) allows an appeal to be filed, inter alia "by the employer or other person responsible for the payment of wages under section 3". According to the contention of the learned Government Pleader for the petitioner, an option to…

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