Law: Payment of Wages Act, 1936

Section: 15(2), 17

Law: Limitation Act, 1908

Section: 5, 12

Law: General Clauses Act, 1897

Section: 9

Payment of Wages Act, 1936 (IV of 1936)-- ----Ss. 15(2) & 17--Limitation Act, 1908 (IX of 1908), S. 5, 12--Appeal--Dismissed--Time barred--Limitation--Exclusion of time for obtaining certified copies--Remanded to-- It would not be out of place to mention that petitioner applied for certified copy of order passed by Respondent well within 30 days, which was a period for filing appeal under Section 17 of Payment of Wages Act, 1936-- Limitation of appeal was governed by S. 17 of Payment of Wages Act, 1936--It would not be out of place to mention here that if time requisite for obtaining copy of order was excluded then appeal would be within time--It was clears that 03 days i.e. day on which order was pronounced and day on which copy applied and day on which copy was delivered shall be excluded from commutation of time as time requisite under S. 12 of Limitation Act, 1908--Period in preparing copy was also excluded and if this principle was applied in present case, then appeal had been filed within a period of 30 days as enshrined in Payment of Wages Act, 1936--As available record clearly demonstrates above position, therefore, non filing of application under Section 5 of Limitation Act, had no relevance.                                         [Pp. 175 & 176] A, B, E & F High Court Rules & Order-- ----Vol. I, Chap.-C--Commencement of limitation--Under High Court Rules and Order, Volume-11 Chapter-C, Rule 7, 22 coping agency is bound to intimate applicant/ appellant about date on which, copy would be prepared and where a date is notified to applicant/ appellant to be date of, for delivering, then, limitation period would be commuted from notified date and not from date of delivery--Where particular date has been notified by copying agency for delivery of copy then applicant would be obliged to visit office on that date, even when judgment is duly communicated on that…