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Appeal No. 25 of 1982; decided on 21st December, 1982.

Payment of Wages Act (IV of 1936)‑--

‑‑S. 17 (1) (a)‑Appeal against direction of Authority‑Limitation -Thirty days‑Requirement of certificate of deposit regarding deposit of amount directed by Authority‑Mandatory ‑No exception for Government departments or agencies‑Appeal filed three days after expiry of limitation period and that even without appending deposit certificate, held, time‑barred and not competent.

M. Ibrahim Soomro, A. G. P. for Appellants.

M. Bashir Awan for Respondents.

This appeal under section 17 of the Payment of Wages Act challenges an order passed on 10th February, 1982 under section 15 of the said Act by the Authority at Hyderabad, directing the appellants to deposit for the respondents Rs. 3,47,791 within 30 days.

2. Admittedly the respondents were workmen and were working in Division of the appellant No. 2."and they had completed 3 years of service and they were getting wages under the scheme of National Pay Scales as introduced in 1972.

3. In their application under section 15 of the Payment of Wages Act, the respondents claimed House Rent Allowance at the rate of 30% of their salary for the period from 1st May, 1977 to 30th June, 1979 and at the rate of 40% of their salary for the period 1st July, 1977 till February, 1981. The claim was resisted by the appellants who challenged main tainability of the . application and jurisdiction of the Authority and entitlement of the respondents to receive House Rent Allowance.

4. Under impugned order dated 10th February, 1982, the Authority held that it had jurisdiction and that the application of the respondents was maintainable and that the respondents were entitled to payment of House Rent Allowance as per Government of Sind Finance Depart ment Office Memo. dated 13th May, 1977. After holding so the Authority accepted application of the respondents. Hence this appeal.

5. 1 have heard Mr. M. Ibrahim Soomro for the appellants and Mr. Bashir Awan; for the respondents.

6. Mr. Awan raised a preliminary objection about the appeal being time‑barred. The appeal was filed on 13th March, 1982 without the deposit‑certificate which was filed after four months. An appeal under section 17 of Payment of Wages Act, is to be filed within 30 days of the date on which the direction under section 15 (3) of said Act has been given. Such direction in present case was given on 10th February, 1982 and the appeal, which could be filed till 10th March, 1982 was time‑barred on, 13th March, 1982.

7. Moreover, the proviso below clause (a) of subsection (1) of section 17 of said Act says that no appeal shall be competent 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. Such amount in the instant case was deposited by way of a cheque with the Authority on 14th July, 1982 viz. four months four days after the impugned direc tion. The delay, according to Mr. Soomro A.G.P., was unavoidable as the different agencies were to deal with the case. He contended that the appellant was not Employer of the Respondents and he was not responsible to pay them their wages. Legal requirement about filing of deposit certifi cate with the memo of appeal contained by the proviso below clause (a) of section 17 (1) of said Act, is mandatory. It does not admit of any exception in respect of Government Departments or Government Agencies. The explanation given by Mr. Soomro, A.G.P., may look sound, but does not cure the legal defect.

8. Even on merits there is hardly any ground to interfere with the impugned order. The Authority has rightly held that the respondents are not covered by the definition of "Civil Servants". Hence the Authority had jurisdiction and the application was maintainable. In view of the Government of Sind, Finance Department memo. dated 13th May, 1977, . the Authority rightly held that the respondents were entitled to House Rent Allowance as claimed by them.

9. In view of my above discussion I maintain order of the Authority ,and‑ dismiss this appeal .

Appeal dismissed.

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