1. Petitioner has sought indulgence of the court for issuance of a writ of certiorari for quashing the award dated 12-5-1997 passed by Assistant Labour Commissioner, Kupwara as Authority under Payment of Wages Act (for short the Act) in the claim petition titled Ghulam Mohi-ud-Din Bhat Vs. Project Officer, whereby an ex-parte award to the tune of Rs. 59,000/- came to be passed in favour of the applicant - respondent No. 3 herein read with order dated 14-7-1998 passed by District Judge, Kupwara in appeal titled Project Officer Vs. Ghulam Mohi-ud-Din Bhat. The brief facts of the case are to be noticed:

2. Respondent No. 3, Ghulam Mohi-ud-Din Bhat filed a claim petition before the Authority under Payment of Wages Act - Assistant Labour Commissioner, Kupwara with the averments that he came to be appointed/engaged by the management, but the petitioners - non-applicants failed to pay wages to him which constrained him to invoke jurisdiction of the Authority under the Act. Exparte award came to be passed. Feeling aggrieved, the petitioners preferred an appeal before District Judge, Kupwara which came to be dismissed vide order dated 14-7-1998 on the ground that the appellant had failed to comply with the requirement of Section 17(1)-A of the Act. Aggrieved by both the orders, the petitioners have questioned the same before this court through the medium of this writ petition on the grounds taken in the writ petition and prayed for quashment of the same.

3. It is specifically averred that the petitioners have no efficacious and alternate remedy available. The question is whether the petitioner has efficacious and alternate remedy available? The answer is in affirmative for the following reasons:-

4. The aim and object of the Payment of Wages Act is to pass effective orders for the redressal of grievances of workman and if on facts it is found that the wages of a workman have been withheld or employer has acted in such a manner which is apparently detrimental to the employee. The authorities, who are under the relevant laws administering the social justice for the working class, cannot be held to be helpless in granting relief in appropriate cases.

5. If an award is passed in favour of the employee, the employer-the aggrieved person can file an appeal in terms of section 17 of the Act subject to fetters and restrictions. It is profitable to reproduce section 17 (1) (a) hereunder:

"17. Appeal- (1) An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) 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 on e thousand rupees....."

6. As per mandate of this provision of law, the appellant has to annex a certificate to the effect that it has deposited the amount payable under the award, appealed against. The aim of this section is to ensure that the wages/awarded amount is to be deposited before the authority before filing the appeal and appeal can only there-after be competent. It has social purpose and object behind it, i.e. to save the labourer from the social evils. If appeal is filed without certificate, it is incompetent, ineffective and incomplete.

7. Appellant in the instant case preferred appeal without the requisite certificate, came to be rejected. Instead of challenging the said order, by way of revision in terms of section 115 of the CPC, filed this writ petition with the averment that efficacious remedy was not available to the appellant, which is not correct.

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