N.L.Ganguly, J. - (1.) This writ petition under Article 226 of the Constitution of India is directed against the judgment and order dated 11.10.1991 passed in the Civil Revision No. 3 of 1990 by the IInd Additional District Judge, Aligarh. The respondent No. 3 was appointed as a salesman in Chhetriya Sahkari Samiti Ltd. Ruheri, Aligarh, (hereinafter referred to as the Samiti) on temporary basis. It is stated that he committed embezzlement and was negligent in performance of his duties. He used to absent himself from duties. Therefore, the services of the petitioner was terminated by the respondent. The respondent No. 3 filed a petition under Section 15 of the Payment of Wages Act (hereinafter referred to as the 'Act') before the Prescribed Authority/Astt. Labour Commissioner under the Act, district Aligarh, claiming wages due from the petitioners. The petitioners filed a written statement and contested the case under Section 15 of the Act, on the ground that claim of respondent No. 3 was highly time-barred and the claim of the petitioner was not maintainable before the Prescribed Authority under the Act. It was also stated that the claim of the petitioner under Section 15 of the Act was barred by Section 24 of the Minimum Wages Act.
(2.) The petitioner submitted an application before the Prescribed Authority under the Act for deciding as a preliminary issue that the claim of the opposite party was barred by limitation as well as the application under Section 15 of the Act was not maintainable.
(3.) The Prescribed Authority by order dated 22.12.1989 decided the preliminary objection. It was stated by the opposite party that the employer have illegally not paid the wages amounting to Rs. 11,732/- for the period from April, 1988 to September, 1988. Ten times damages was also claimed on the amount unpaid. The Prescribed Authority was pleased to condone the delay in filing the application under Section 15 of the Act and the objections of the petitioner raised and sought to be decided as preliminary issue were negatived. It was directed that the petitioner may file their written statement and evidence in the proceedings. The petitioner being aggrieved by the order of the Prescribed Authority filed a civil revision before the District Judge. Aligarh, on the ground that the order passed in the proceedings under Section 15 of the Act could be appealed under Section 17 of the Act. Since the appeal was maintainable, the civil revision filed was held to be not maintainable.;