Law:

Section:

Payment of Wages Act (IV of 1936)-­ ---S. 17- Appeal against orders of Authority-,Amount directed by Authority to be deposited within 30 days of order and deposit certificate to be filed alongwith appeal-Labour Court not empower­ed to extend time for deposit or for filing deposit certificate-Plea that Authority had no jurisdiction and impugned order was void and as such there will be no time limit for filing appeal nor filing of deposit certificate would be a condition precedent for filing appeal, ­Held: (i) Whether or no Authority had jurisdiction was to be decided after evidence, (ii) matter having been decided on merits by Authority in order to appreciate submissions of appellant entire material has to be considered and then appeal is to be disposed of on merits, (iii) to do so it has to be seen whether appeal has been presented in accordance with law and (iv) mandatory provision of deposit not complied with as such submissions of appellant in regard to factual and legal position cannot be examined-Appeal, in circumstances, dismissed as not entertainable. Abdul Hamid Khan for Appellant. M. Ishaque Abbasi for Respondent. ORDER The present appeal was filed by WAPDA on 4th June, 1983 but it was dismissed on 12th June, 1983 on the ground that deposit certificate was not filed. Accordingly, an application under section 41 (should be order), rule 19, C. P. C. was moved on 21st June, 1983 for restoration of appeal. This application was also dismissed in default on 25th July, 1983. Accordingly restoration of application under Order XLI, rule 19, C. P. C. was sought to be restored by another application under section 151, C.P.C. moved on the same date viz. 25th July, 1983. This application was allowed on 11th August, 1983 because of no objection on behalf of the other side. However, after hearing application under Order XLI, rule 19, C. P. C., my learned predecessor Mr. Mukhtar Ahmed Junejo by his order dated 3rd September, 1983 dismissed the application apparently for want of jurisdiction. This order was then assailed in the High Court under Constitutional Petition No. 9-59 of 1983 and his Lordship Mr. Justice Nasir Aslam Zahid, while setting aside the order of…

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