The existence of an alternative and equally efficacious remedy bars the exercise of the powers under Article 226 of the Constitution.

1. - By this petition under Article 226 of the Constitution, the petitioner seeks to quash the order (Ex.2) dated November 4, 1981 of the Authority Under the Payment of Wages Act, 1936 (for short the Authority').

2. Respondent No. 1 Ramlal submitted an application before the Authority under Section 15(2) of the Payment of Wages Act, 1936 (for short 'the Act' herein). He claimed Rs. 4200/- as compensation amount, interest and costs. He sought direction under Sub-Section (3) of Section 15 of the Act. The application was contested by the petitioner on various grounds. An objection was raised in the reply to the effect that the Authority had got no jurisdiction to go into the question of crop share and to decide it and further that the dispute relating to that could only be adjudicated by a revenue court. By the order (Ex 2) dated November 2, 1981 direction for the payment of the sum of Rs. 14, 668.50p to respondent No. 1 was made. This amount consisted of the wages, overtime wages and costs. The petitioner has filed the writ petition as aforesaid for quashing the order (Ex.2) dated November 2, 1981.

3. A show cause notice was issued to the respondent. In pursuance of that, Mr. Bhagwati Prasad appeared on behalf of respondent No. 1.

4. When the case came up for admission on April 2, 1982, Mr. Bhagwati Prasad, learned Counsel for respondent No. 1 raised a preliminary objection to the effect that the writ petition should not be entertained as an appeal lay under Section 17(1) of the Act against the impugned order (Ex.2). Today, when the case was taken up for admission, learned Counsel for respondent No. 1 reiterated the aforesaid preliminary objection that as the petitioner failed to avail of the remedy of appeal under Section 17(1) of the Act, the writ petition should not be entertained. Learned Counsel appearing for the petitioner strenuously opposed the preliminary objection and submitted that as the Act is not applicable to the wages of a person employed in agricultural field, the impugned order (Ex.2) is absolutely without jurisdiction and void and so, the existence of the provisions of Section 17 of the Act does not stand in the way of the petitioner to approach this Court under Article 226 of the Constitution. "The period for preferring the appeal is 30 days from the date of the direction or order sought to be appealed against and that before preferring the appeal, the petitioner is required to deposit the amount for which direction has been made under Section 17(1A) of the Act and so, because of these reason, the writ petition should be entertained.

5. I have considered the arguments of the learned Counsel for the parties relating to the preliminary objection referred to above.

6. The impugned order (Ex.2) was passed on November 2, 1981 by the Authority and the application for its certified copy was made on November 9, 1981 It was ready on November 10, 1981 and it was delivered on November 10, 1981. The date fixed for disbursement of the amount awarded by the Authority in the impugned order (Ex. 2) is December 2, 1981. The writ petition was filed on November 16, 1981. There is no dispute in regard to the above facts.

7. The material portion of Section 17 of the Act reads as follows:

"17. Appeal. 1977 WLN 84 Appeal against an order dismissing either wholly or in part an application made under Sub-section of Section 15, or against a direction made under
Sub-section , or Sub-section, (4) of that Section, may be preferred within thirty days of the date on which the order or direction was made, in a Presidency Town before the Court of Small Causes and elsewhere before the District Court

(a) by the employer or other person responsible for the payment of wages under Section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees, or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees:

(b) ....

(c) ....

(1A) No ap