ORDER

Hamilton, J. - This is an application in revision against an order of the District Judge of Moradabad dismissing an appeal on the ground that under the Payment of Wages Act in the circumstances of this Case no appeal lay. Khemanand, the present applicant, was employed by the E. I. Railway and in the year 1934 he drew wages of Rs. 120 a month but from the month of March he was suspended and on 9th April 1940 he wag given a post the wages of which were Rs. 70. On 2nd April 1941, that is to say almost a year after the order fixing his wages at Rs. 70 he made an application under the Payment of Wages Act. The Magistrate rejected his application on the ground that it was time-barred, not having been made within six months of the date when the new wages of Rs. 70 were fixed. Against this order of the Magistrate, Khemanand went in appeal to the District Judge who held that it was not an order to appeal.

2. Appeals are governed by Section 17 and must be preferred within 30 days of the day on which a direction has been made. The employer may appeal if the sum that he has been directed to pay u/s 15(3) exceeds Rs. 300 and the employed person may appeal if the total amount of wages claime