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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

JAIPUR BENCH, JAIPUR

ORDER

SB Civil Writ Petition No.885/2014

Sahukar Singh versus Cimmco Limited, Bharatpur & ors

25.2.2014

HON'BLE MR. JUSTICE MN BHANDARI

Mr JP Sharma - for petitioner(s)

Mr GK Garg, Sr Adv with Mrs Anita Agarwal – for respondents

BY THE COURT:

With consent of the parties, writ petition is heard

finally.

By this writ petition, a challenge has been made to the

order dated 25.11.2013 passed on the stay application to the

appeal filed under section 17 of the Payment of Wages Act, 1936.

Learned counsel for petitioner submits that after the

order of the Payment of Wages Authority, an appeal can be

maintained if it is accompanied by a certificate for payment of the

amount directed by the Payment of Wages Authority. The

respondents preferred an appeal without accompanying the

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certificate thus appeal should have been dismissed by the court

but, instead of doing so, an interim order has been passed vide

order dated 25.11.2013 thus it may be set aside.

Learned counsel for respondent submits that the case

has a checkered history inasmuch as after the order of the Payment

of Wages