D.P.S. Chauhan, J. - (1.) By means of this petition which is a registered co-operative society, has challenged the decision of the Authority under the Payment of Wages Act passed under Section 15 thereof.
(2.) Heard learned Counsel for petitioner Sri S. P. Singh and learned Counsel for respondents St Shyam Narain learned Counsel for petitioner argued that tho Authority under the Payment of Wages Act had no jurisdiction as there was a dispute between the petitioner and respondents other than respondent No. 1 that the employee who are respondents except respondent No. 1 were not employed during period for which wages were claimed Learned Counsel for respondents pointed out that against tho order of the Authority under Section 15 of the Payment of Wages Act an appeal is provided under Section 17 of the said Act. Since the impugned order is appealable this Court may not interfere in exercise of its jurisdiction under Article 226 of the Constitution of India.
(3.) Learned Counsel for petitioner submitted that it is a question of jurisdiction which goes to the root of the and may be decided by this Court under Article 226 of the Constitution as the appellate authority can not be compelled to decide the question. This submission is mis-founded as the appellate authority has full jurisdiction to deal with the question of Jurisdiction of initial authority. This difficulty would not come before the petitioner, If he prefers an appeal before the appellate authority.;