Page 302 - DMGT516_LABOUR_LEGISLATIONS

Unit 12: Payment of Wages Act, 1936

Who may make an Appeal? (Sec. 17) Notes

The appeal may be preferred by:
1. The employer or the other person responsible for the payment of wages if the total sum
directed to be paid by way of wage and compensation exceeds 300 or such direction has
the effect of imposing on the employer or the other person a financial liability exceeding
rupees one thousand, or

2. An employed person,
3. Any legal practitioner,
4. Any official of a registered trade union authorised in writing to act on his behalf,
5. Any inspector under this Act,

6. Any person permitted by the Authority to make an application under Sec. 15(2),
7. If the total amount of wages claimed to have been withheld from him exceeds twenty
rupees or from the unpaid group to which he belongs or belonged exceeds fifty rupees.

8. Any person directed to pay a penalty under Sec. 15(4).

Conditions for an Appeal (Sec. 17)

No appeal shall be made as aforesaid, unless:
The memorandum of appeal is accompanied by a certificate by the prescribed authority to the
effect that the appellant has deposited the amount payable under the direction appealed against.

Where an employer prefers an appeal, the authority against whose decision the appeal has been
preferred may, and if so directed by the Court shall, pending the decision of the appeal, withhold
payment of any sum in deposit with it. Any order dismissing either wholly or in part an
application made under Sec. 15(2) or a direction made under Sec. 15(3) or Sec. 15(4) shall be final,
save as provided in Sec. 17(1). The appeal under Section 17 must be governed by and disposed of
according to the rules of practice and procedure prescribed by the Code of Civil Procedure.

Conditional Attachment of Property (Sec. 17-A)

Where at any time after an application has been made under Section 15(2) or where at any time
after an appeal has been filed under Sec. 17 and where the Authority in the first instance and the
court in the second instance, is satisfied that the employer or other person responsible for the
payment of wages is likely to evade payment of any amount that may be directed to be paid,
then the Authority or the Court may direct the attachment of so much of the property of the
employer or other person responsible for the payment of wages as is, in the opinion of the
Authority or Court, sufficient to satisfy the amount which may be payable under the direction.
Before giving such a direction, the employer or other person must be given an opportunity of
being heard except when the Authority or Court is of the opinion that the ends of justice would
be defeated by the delay.
The provisions of the Code of Civil Procedure, 1908 relating to attachment before judgment
shall, so far as may, apply to any order of attachment.

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