S.H.A. Raza, J. - (1.) Vijai Kumar Bhalla, the workman, preferred six applications purporting to be given under Section 15 (2) of the Payment of Wages Act claiming his wages for different periods against the Co-operative Bank, Bahraich, before the Prescribed Authority under the Payment of Wages Act, 1936. The wages for different periods were allowed by the Prescribed Authority. The Prescribed Authority issued a direction that a sum of Rs. 6.314.76 be paid to the petitioner by the Bahraich District Co-operative Bank Ltd., Bahraich as wages of the employee and the equal amount of wages to the tune of Rs. 6,314.76 be paid as penalty. A sum of Rs. 7.50 as court fee and a sum of Rs. 150 as cost of the cases, meaning thereby that a total sum of Rs. 12,787.02 was payable under the directions issued by the Prescribed Authority.
(2.) The employer Bahraich District Co-operative Bank Limited, Bahraich preferred a time-barred appeal under Section 19 (1) of the Payment of Wages Act along with an application under Section 5 of the Indian Limitation Act. The District Judge, Bahraich by means of the order dated 26.3.1983 allowed the application under Section 5 of the Indian Limitation Act and condoned the delay under the provisions of Section 5 of the Indian Limitation Act. The District Judge. Bahraich further directed that let this appeal be listed and a date be fixed for the hearing of the appeal and notice about that date be issued to both the parties.
(3.) The workman being aggrieved against the said order preferred this writ petition on 18.8.1983 before this Court. This Court on 19.8.1983 directed the Issuance of the notice to the respondents and ordered that "meanwhile the final disposal of the appeal shall remain stayed. The learned District Judge is not debarred from dealing with any miscellaneous application that may be filed or that may be pending in his Court." Shri K. S. Bajpal has put in appearance on behalf of the said Bank.;