Law:

Section:

Payment of Wages Act (IV of 1936)--- ----S. 17 (1) (a), proviso-Filing deposit certificate with memo. of appeal-Provision mandatory-Does not admit of any exception in respect of Government Department or Government Agencies-­Deposit made with Authority about 6.months after impugned direc­tion of Authority-Appeal filed without making deposit and without appending deposit certificate-Explanation that delay was unavoid­able because different agencies were to deal with case-Such explanation, held, though looking sound but does not cure legal defect. M. Ibrahim Soomro, A.G.P: for Appellant. M. Bashlr Awan for Respondents: ORDER This appeal under section 17 of the Payment of Wages Act challenges an order passed on 27th December, 1981 under section 15 of the said Act by the Authority at Hyderabad, directing the appellant to deposit for the respondents Rs. 1,49,316 within 30 days. 2. Admittedly the respondents were workmen and were working in Division of the appellant. They were paid the Cost of Living Allowance as sanctioned from time to time under the Employees' Cost of Living (Relief) Act, 1973. Such allowance was later on merged into their wages with effect from 1st May, 1977 on refixation of their pay in the revised National Scales of Pay of 1977. 3. In their application under section 15 of said Act, the respondents claimed the Cost of Living Allowance at rate of Rs. 40 per mensem with effect from 1st July, 1980 and the additional Cost of Living Allowance at rate of Rs. 40 per mensem with effect from 1st July, 1981 in view of the Ordinance No. XXXII of 1980 and No. XXV of 1981 respectively. The claim was resisted by the .appellant who challenged jurisdiction of the Authority and entitlement of the respondents. 4. Under the impugned order the Authority under the Payment of Wages Act, held that he had the jurisdiction in the matter and, that the respondents were entitled for the Cost of Living (Relief) Allowance as claimed by them. Hence this appeal. 5. I have heard Mr. M. Ibrahim Soomro, for the appellant and Mr. Bashir Awan for the respondents. 74 6. Mr. Awan raised a preliminary objection about the appeal being time-barred. The appeal was filed on 15th February,…

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