- (1.) Munna, respondent No. 3 was employed as a Blacksmith in the workshop of Central Railway, Jhansi. He made an application under S. 15 of the Payment of Wages Act to the Prescribed Authority claiming wages for the period 12-6- 1971 to 20-5-1972. The application was contested and it was pleaded that no wages were due to Munna. The Prescribed Authority by his order dated 28-11-1974 upheld the claim of Munna and directed that a sum of Rs. 2692=36 be paid to Munna as wages for the period noted above. This order was challenged by the petitioner in appeal before the Dist. Judge, Jhansi. The Dist. Judge by his order dated 12-2-1976 dismissed the appeal on the ground that the memorandum of appeal was not accompanied by a certificate as provided in sub-sec. (1-A) of S. 17 of the Payment of Wages Act. The legality of this order has been challenged in the present petition.
(2.) The case set up by the petitioner was that the amount awarded to respondent No. 3 under the order of the Prescribed Authority dated 28-11-1974 was deposited by a cheque for Rs. 2692=36 dated 19-12-1974. This cheque was sent to the Prescribed Authority under registered cover. The Prescribed Authority however, could not issue a certificate as at that time there was constant law and order problem in the city and the City Magistrate who was the Prescribed Authority was not available for issuing the certificate. Consequently, the appeal was filed on 1-1-1975 without the requisite certificate of the Prescribed Authority. The petitioner however, made an application to the Appellate Court seeking ten days' time to produce the requisite certificate. Time prayed for was granted. The certificate of the Prescribed Authority dated 13-1-1975 was filed before the Appellate Authority on 15-1- 1975. The appeal was then admitted by an order dated 16-1-1975.
(3.) In the counter affidavit it has not been denied that the amount awarded to respondent No. 3 by the Prescribed Authority was deposited before him on 19-12-1974 by a cheque. It was, however, asserted that that cheque could not be encashed and another cheque was issued in the month of May, 1975. This assertion has been denied in the Rejoinder Affidavit. We see no reason to doubt that a cheque dated 19-12-1974 was deposited by the petitioner as asserted by the petitioner. If a fresh cheque had been issued in May 1975 as asserted by the respondent the certificate would not have been issued on 13-1-1975. We also see no reason to doubt the assertion of the petitioner that the requisite certificate could not be issued by the Prescribed Authority due to the fact that the Prescribed Authority was not available for that purpose due to law and order situation prevailing in the town. The amount had been deposited well within time for filing the appeal. In normal course the certificate should have been issued soon after the receipt of the payment.;