17Appeal

(1)¹[An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of that section] may be preferred, within thirty days of the date on which ²[the order or direction] was made, in a Presidency-town ³*** 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 ⁴[or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or

⁵[(b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or]

⁴[(1A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.]

⁷[(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application made under sub-section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final.]

⁸[(3) Where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it.

(4) The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the decision of the High Court and, if it so does, shall decide the question in conformity with such decision.

STATE AMENDMENT

Karnataka

Amendment of section 17.--In section 17 of the principal Act,--

(1) in sub-section (2), after the words, brackets and figure “sub-section (4) of that section” the words, brackets, figures and letter, “or any order made under sub-section (1) of section 17A” shall be inserted.

(2) after sub-section (4), the following sub-section shall be added, namely:--

“(5) the provisions of section 5 of the Limitation Act, 1963 shall be applicable to appeals under this section."

[VideKarnataka Act 2 of 1977, s. 7].

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1. Subs. by Act 68 of 1957, s. 7, for "An appeal against a direction made under sub-section (3) or sub-section (4) of section 15" (w.e.f. 1-4-1958).

2. Subs. by s. 7, ibid., for "the direction" (w.e.f. 1-4-1958).

3. The words "or in Rangoon" omitted by the A.O. 1937.

4. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).

5. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).

6. Subs. by Act 20 of 1937, s. 2 and the First Schedule, for "sub-section (5) (w.e.f. 14-4-1937).

7. Subs. by Act 68 of 1957, s. 7, for sub-section (2) (w.e.f. 1-4-1958).

8. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).

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