The main legal point established in the judgment is the interpretation of notifications and the determination of jurisdiction of Deputy Labour Commissioners.

1. The instant appeal calls in question judgment dated 13th May, 2011, for short impugned judgment, passed by the learned Writ Court in OWP No. 788/2008.

2. A brief narration of the controversy, for facility of reference, may be made, thus:

3. Appellant filed a claim petition before Deputy Labour Commissioner, Srinagar, for grant of unpaid wages, delayed wages, was granted vide exparte Award and order dated 1st July, 2006.

4. Writ petitioners, Respondent Nos. 1 and 2, feeling constrained, challenged the same by the medium of writ petition viz. OWP No. 788/2006, on various grounds.

5. Appellant joined the issue, resisted the petition by filing counter.

6. Learned Writ Court, after taking note of Section 15 of Payment of Wages Act, 1936, for short Act; SRO 409 dated 2nd September, 1971, and SRO 37 dated 23rd January, 1980, held that Deputy Labour Commissioner, Srinagar, was not having the jurisdiction to entertain and determine the claim petition.

7. It is against this finding that an appeal has been preferred to seek its reversal.

8. We have heard learned counsel for the parties and considered the matter.

9. It needs to be stated at the onset itself that there were some issues, as reflected in the writ petition and the counter, those had to be dealt with by the learned Writ Court, but have remained unattended, as the learned Writ Court has thought it proper to decide the matter on the issue of jurisdiction only.

10. It would be apt to reproduce Sub-Section (1) of Section 15 of the Act herein, thus:

"15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.-

(1) The appropriate Government may, by notification in the Official Ga#31;zette, appoint

(a) any Commissioner for Workmen's Compensation; or

(b) any officer of the Central Government exercising functions as,

(i) Regional Labour Commissioner; or

(ii) Assistant Labour Commissioner with at least two years' experience; or

(c) any officer of the State Government not below the rank of Assistant Labom Commissioner with at least two years' experience; or

(d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State; or

e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims:

Provided that where the appropriate Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.))"

11. In terms of mandate of said Section, it is the Authority appointed/specified by the Govt. to entertain the application within their respective jurisdictions. It would be apt to reproduce SRO 409 dated 2nd September, 1971, herein, thus:

"SRO-409.- In exercise of the powers conferred by sub-section (1) of Section 20 of the Workmen's Compensation Act, 1923 (Central Act No. 8 of 1923) and in supersession of all the previous notifications on the subject, the State Government hereby appoint the Assistant Labour Commissioners to be Commissioners for Workmen's Compensation under the said Act within the areas of their respective jurisdiction."

12. The reproduced text makes it explicit that all the notifications issued on the subject earlier have been superseded and that Commissioners appointed vide SRO 409 under Workmen Compensation Act shall be the Authority for the purposes of Sub-Section (1) of Section 15 of the Act, for Kashmir province and Jammu province. SRO 37 dated 23rd January, 1980, supersedes SRO 421 dated 2nd September, 1971,