S.K. MAL LODHA, J.—These are two connected revisions and as they have been heard together, it will be convenient to dispose them of by a common judgment.

2. The petitioner submitted an application under Sec. 15(2) of the Payment of Wages Act, 1936 (No. IV of 1936) (hereinafter referred to as the Act) before the Authority under the Act (for short the Authority hereafter) at Bikaner, on July 21, 1972 against the non-petitioner. The petitioner and the non-petitioner will hereafter be referred to as the employee and the employer respectively. It was stated in the application by the employee that the employer had not paid wages from August 23, 1970 to May 31, 1972 @ Rs. 200/- per month. The total amount of wages payable to the employee on account of the aforesaid period was assessed at Rs. 4253.34 p. Along with this application, a separate application for condoning delay was submitted as the claim for wages for the period from August, 1970 to June 30, 1971 was not within the period prescribed by proviso to Section 15(2) of the Act. The facts, which constituted sufficient cause for not making the application within the prescribed period were mentioned in that application. The Authority issued notice to the employee for August 5, 1972 to show cause as to why the application should not be rejected as it was time-barred. Copy, along with copy of the notice was also sent to the employer for appearing before the Authority on the aforesaid date.

3. On August 5, 1972, the employer submitted a reply contending that the applicant was not the employee of the employer during the aforesaid period from August 23,1970 to May 31, 1972 and, therefore, he was not entitled to any wages for the said period. The employer questioned the locus siandi of the employee to submit the application. A plea was also taken that the claim of the employee was not within limitation.

4. On September 29, 1972, the following four issues were framed by the Authority which, when translated in to English, read as under,—

(1) Whether the applicant was in the employment of the non-applicant?

(2) Whether the non-applicant had illegally deducted the wages of the applicant ?

(3) Whether the claim is time-barred ?

(4) Relief.

The case was ordered to be posted for the evidence of employee on October 21, 1972. On July 23, 1973, in the absence of the parties, the Authority ordered that the case be fixed on August 7, 1973 for arguments on the application for condonation of delay submitted with the claim application and notices be sent in this behalf to both the parties. On August 11, 1978, the court, with respect to the fact whether the claim is time-barred, recorded that an issue has already been framed on September 29, 1972 and that counsel for the employer agreed that the claim may be decided on merits which will also include decision on the question of limitation. After trying the claim, the Authority ordered that the employer should pay to the employee Rs. 4253.34 p. on account of arrears of wages and Rs. 4253.34 p. as compensation. The Authority issued the direction for the payment of Rs. 8506.68 p. within 30 days from the date of the order under S. 15(3) of the Act which was passed on November 14, 1977. The Authority recorded the following findings,—

(1) That the employee was in service of the employer;

(2) That the employer illegally deducted the wages of the employee; and

(3) That there was sufficient cause for not making the application in respect of arrears of wages which were not within limitation.

5. Feeling aggrieved by the order and direction made under Section 15(3) of the Act, the employer preferred an appeal under Section 17 of the Act before the learned District Judge, Bikaner, on January 21, 1978. Along with the appeal, a certificate under S. 17 of the Act was submitted certifying that the employer has deposited a sum of Rs. "Cheque No. AC 338431 dated 28-12-77 Rs. 8506.68 p." with it on December 28, 1977 against the direction issued by it on November 17,1977, in the case a

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