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1994 Supreme(All) 951

RAVI S.DHAVAN
State of U. P. – Appellant
Versus
Satyapal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Malaviya.

JUDGMENT :

Ravi S. Dhavan, J.

Four writ petitions have been filed by the State of Uttar Pradesh through Prabhagiya Nideshak, Samajik Vaniki Prabhag, Meerut, i.e. the Department of Social Forestry, challenging certain proceedings under the Payment of Wages Act, 1936.

2. In short, what aggrieves the State of Uttar Pradesh is that the District Judge has unsuited the State of Uttar Pradesh as an appellant for the simple reason that prior to filing an appeal u/s 17, the condition precedent is that under Sub-section 1-A of Section 17 of the Act, aforesaid, the memoranda of appeal must be accompanied by a certificate on the claim which has been awarded by the Payment of Wages Authority u/s 15. The contention in the writ petitions is that the case itself is devoid of merits and the claims cannot be awarded by the Payment of Wages Authority and the stipulation that the appeal must be accompanied by a certificate of deposit of the amount on the claim as awarded, is an onerous condition and, thus, in effect, a writ is desired from this Court for a waiver of the claim prior to consideration o













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