K.C.Das Gupta, J. - (1.) On the 2nd April 1957 the Authority under the Payment of Wages Act made an order in the following terms ; "O.P., Sri Pramoderanjan Sarkar of 40, Hinusthan Park, Calcutta is directed to pay the earned wages of the employees for Rs. 9289/-. Ask O. P. to deposit the directed sum in this Court within 10 days from the date of receipt of notice." Promoderanjan Sarkar preferred an appeal to the Small Cause Court Calcutta. The learned Judge, Small Cause Court held that as the amount directed to be paid to any one individual employee did not exceed Rs. 300/- no appeal lay under the Payment of Wages Act. Accordingly, he dismissed the appeal.
(2.) Promode Ranjan Sarkar now asks this Court to set aside the order dismissing the appeal in the exercise of his power of superintendence under Article 227 of the Constitution. His contention is that an appeal did lie against the direction made by the Authority.
(3.) The decision of the question in controversy depends on the interpretation of Section 17 of the Payment of Wages Act which provides for an appeal. Section 17 is in these words : "(1) An appeal against a direction made under Sub-section (3) or Sub-section (4) of Section 15 may be preferred, within thirty days of the date on which the direction was made in a Presidency Town before the Court of Small Causes and elsewhere before the District Court- (a) by the employer or other person responsible for the payment of wages under Section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees, or (b) by an employed person, if the total amount of wages claimed to have been withheld from him or from the unpaid group to which he belonged exceeds fifty-rupees, or (c) by a person directed to pay penalty under Sub-section (4) of Section 15. 2. Save as provided in Sub-section (1), any direction made under Sub-section (3) or Sub-section (4) of Section 15 shall be final.";