AJOY NATH RAY, C.J., ASHOK BHUSHAN, J - (1.) A preliminary objection has been raised by counsel for the respondents that this special appeal is not maintainable in view of the fact that writ petition was filed against an order passed by Prescribed Authority against the appellant under the Payment of Wages Act, 1936.
(2.) Chapter VIII, Rule 5 of the Rules of the Court provides that special appeal shall not lie from a judgment of learned single Judge passed in exercise of jurisdiction conferred by Article 226/227 of the Constitution in respect of any judgment, or order or award of a Tribunal, Court or statutory arbitrator. Chapter-VIII, Rule 5 of the Rules of the Court is extracted below: 5. Special Appeal - An appeal shall lie to the Court from a judgment not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made by a Court subject to the Superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its or Superintendence or in the exercise of criminal jurisdiction [or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award (a) of a Tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any Officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge]."
(3.) The question for consideration is as to whether the Prescribed Authority under the Payment of Wages Act, 1936 is a Tribunal. Section 15(1) of the Payment of Wages Act, 1936 provides that the State Government may, by notification in the Official Gazette, appoint the Presiding Officer of any Labour Court or Industrial Tribunal, or under any corresponding law relating to the investigation and settlement of industrial disputes or any Commissioner for Workmen's Compensation or other officer with experience as a Judge of a Civil Court to be authority to hear and decide all claims. Section 15(1) of the Payment of Wages Act, 1936 is extracted below: "15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims. (1) The State Government may, by notification in the Official Gazette, appoint [a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State or] any Commissioner for Workmen's Compensation or other office with experience as a Judge of a Civil Court or as a stipendary Magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of wages, [of persons employed or paid in that area, including all matters, incidental to such claims................................ "];