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1994 Supreme(Raj) 523

G.C.MITTAL
Marudhar Kshetriya Gramin Bank – Appellant
Versus
Bhagwan Ram – Respondent


Advocates Appeared:
M. R. Singhvi, for Petitioner R.S. Saluja for Respondents

Honble MITAL, CJ.- The authority under the Payment of Wages Act decided the matter in favour of the workman on 10th of April, 1990 and awarded Rs. 3388/- as compensation to the workman. The employer applied for certified copy of the order on that very day vide registered no. 130 of 1990. It is averred that no date of delivery was given and the copy was made available to the employer on 10th of May, 1990 and without loss of time, an appeal was filed on 11th of May, 1990. On 19th of May; 1990, the amount of Rs. 3388/- was deposited and the certificate of payment was produced on the record of the appeal on that very day. According to the learned counsel for the employer, the last date of filing of the appeal and deposit was 11th of June 1990 and, therefore, even if appeal is deemed to have been filed on 19th of May, 1990 when the certificate of deposit was produced on record, it was within time. However, the appellate court dismissed the appeal as not maintainable on the ground that Section 17(1-A) of the Payment of Wages Act, 1936 (for short the Act) envisages that the certificate of deposit has to accompany the memorandum of appeal and since on 11th of May, 1990 the appeal was not a












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