- (1.) THE Authority under the Payment of Wages Act, 1936 (hereinafter called as the 'act'), vide its order dated December 5, 1991, awarded Rs. 31,418. 65 only as compensation to the Non-petitioner No. 1 (Workman ). Against the said order, petitioners who are employers, filed an appeal before the learned District Judge, Ajmer. The appeal was accompanied with a certificate dated February 5, 1992, issued by the Authority to the effect that the petitioners had deposited the amount payable to the Non-Petitioner No. 1. An objection was raised on behalf of the Non-petitioner No. 1, before the District Judge, Ajmer, that as the amount was not deposited by the petitioners within 30 days from the date of order as directed by the Authority, as such, the appeal was not maintainable. The learned District Judge, Ajmer vide his order dated September 14, 1994, dismissed the appeal only on the ground that the petitioners did not deposit the amount awarded by the Authority within a period of 30 days from the date of order. Being aggrieved with the said order, petitioners filed this revision.
(2.) SUBMISSION of counsel for the petitioners is that the learned District Judge in arbitrary manner dismissed the appeal only on the ground that the amount was not deposited within 30 days from the date of order. He submits that Section 17 (1) (A) of the Act does not provide that the amount should be deposited within 30 days from the date of order. It only provides that memo of appeal should be accompanied by a certificate issued by the Authority to the effect that the appellant has deposited the amount payable to the Workman as directed by the Authority. It is not the case of the Non-petitioner No. 1, that the amount was not deposited or that the Certificate was not accompanied with the Memo of Appeal. In support of his argument, counsel for the petitioners placed reliance on Marudhar Kshetriya Gramin Bank v. Bhagwan Ram, 1995 DNJ (Raj) 28.
(3.) MR. Maloo, counsel for the Non-Petitioner No. 1, submits that admittedly, petitioner did not deposit the amount as directed by the Authority within 30 days from the date of order and as such the District Judge, Ajmer, was justified in dismissing the appeal of the petitioners. In support of his argument, Mr. Maloo placed reliance on a decision of this Court delivered in State of Rajasthan v. Jai Prakash Sharma (Civil Writ Petition No. 2347/1991) decided in May 17, 1991.;