Payment of Wages Act, 1936 — section 17

17. Appeal..—(1) An appeal against a direction made under 2[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, 3 * * * before the 4[Labour Court constituted under the Industrial Relations Ordinance, 1969 (XXIII of 1969), within whose jurisdiction the cause of action to which the appeal relates arose]

(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 compensa tion exceeds three hundred rupees [:]5 6 [Provided that no appeal under this clause shall lie unless the memorandum of appeal is accompanied by a certificate of the authority to the effect that the appellant has deposited with the authority the amount payable under the direction appealed against, or]. 7 [(b) by an employed person or, if he has died, by any of his heirs, if the total amount of wages claimed to have been withheld from the employed person or from the unpaid group to which he belonged exceeds fifty rupees, or]

(c)by any person directed to pay a penalty under 8[sub-section (4)] of section 15. 1 Subs. by the Labour Laws. (Amdt.) Act, 1976 (II of 1976), s. 2 and Sch., for clause (b). 2 Subs. by the Repealing and Amending Act, 1937 (20 of 1937), s. 2 and 1st Sch., for “sub-section (3)”. 3 The words “in a Presidency-town [or in Rangoon] before the Court of Small Causes and elsewhere” omitted by A. O., 1949. The words within crotchets were omitted by A. O., 1937. 4 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch., for “District Court”. 5 Subs. by the Labour Laws (Amdt.) Act, 1976 (11 of 1976), s. 2 and Sch., for “or”,. 6 Added ibid. 7 Subs. by the Labour Laws (Amdt.) Act, 1977 (17 of 1977), s. 2 and First Sch., for clause (b). 8 Subs. by the Repealing and Amending Act, 1937 (20 of 1937), s. 2 and 1st Sch., for “sub-section (5)”. 1 [(1A) All appeals pending before any District Court under this section immediately before the commencement of the Labour Laws (Amendment) Act, 1975 , shall , on such commencement stand transferred to, and be disposed of by , the Labour Court within whose jurisdiction the cause of action to which the appeal relates arose.].

(2)Save as provided in sub-section (1), any direction made under sub-section (3) or 2 [sub-section (4)] of section 15 shall be final. 18. Powers of authorities appointed under section 15. Every authority appointed under sub-section (1) of section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 (V of 1898). 19. Power to recover from employer in certain cases. When the authority referred to in section 15 or the Court referred to in section 17 is unable to recover from any person (other than an employer) responsible under section 3 for the payment of wages any amount directed by such authority under section 15 or section 17 to be paid by such person, the authority shall recover the amount from the employer of the employed person concerned.