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Appeal No. 24 of 1982, decided on 21st December, 1982.

Payment of Wages Act (IV of 1936)‑--

--‑‑S. 17 (1) (a), proviso‑Filing deposit certificate with memo. of appeal‑Provision mandatory‑Does not admit of any exception in respect of Government Department or Government Agencies- Deposit made with Authority about 6.months after impugned direc tion of Authority‑Appeal filed without making deposit and without appending deposit certificate‑Explanation that delay was unavoid able because different agencies were to deal with case‑Such explanation, held, though looking sound but does not cure legal defect.

M. Ibrahim Soomro, A.G.P: for Appellant.

M. Bashlr Awan for Respondents:

This appeal under section 17 of the Payment of Wages Act challenges an order passed on 27th December, 1981 under section 15 of the said Act by the Authority at Hyderabad, directing the appellant to deposit for the respondents Rs. 1,49,316 within 30 days.

2. Admittedly the respondents were workmen and were working in Division of the appellant. They were paid the Cost of Living Allowance as sanctioned from time to time under the Employees' Cost of Living (Relief) Act, 1973. Such allowance was later on merged into their wages with effect from 1st May, 1977 on refixation of their pay in the revised National Scales of Pay of 1977.

3. In their application under section 15 of said Act, the respondents claimed the Cost of Living Allowance at rate of Rs. 40 per mensem with effect from 1st July, 1980 and the additional Cost of Living Allowance at rate of Rs. 40 per mensem with effect from 1st July, 1981 in view of the Ordinance No. XXXII of 1980 and No. XXV of 1981 respectively. The claim was resisted by the .appellant who challenged jurisdiction of the Authority and entitlement of the respondents.

4. Under the impugned order the Authority under the Payment of Wages Act, held that he had the jurisdiction in the matter and, that the respondents were entitled for the Cost of Living (Relief) Allowance as claimed by them. Hence this appeal.

5. I have heard Mr. M. Ibrahim Soomro, for the appellant and Mr. Bashir Awan for the respondents. 74

6. Mr. Awan raised a preliminary objection about the appeal being time‑barred. The appeal was filed on 15th February, 1982, without the deposit certificate which was filed after over six months on 28th July, 1982. 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 27th December, 1981 and the appeal, which could be filed till 27th January, 1982 was time barred on 15th February, 1982.

7. Moreover, the proviso below clause (1) of subsection (1) of section 17 of said Act says that no appeal shall be competent unless the memoran dum 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 8th June, 1982 viz. six months and 13 days after the impugned direction. 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 emp loyer of the respondents and he was not responsible to pay them their wages. Legal requirement about filing of deposit certificate with the memo. A 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 it does not cure the legal effect.

8. Even on merits the law appears to be in favour of the respondents being entitled to the Cost of Living Allowance as claimed by them. The Government letters filed in the record as R/1 and R/2 appear to be applying to the civil servants. Mr. Soomro did not argue if the respondents were Civil Servants. The Authority has rightly held that it had jurisdiction to decide claim of the respondents by virtue of section 6 (b) of the Employees Cost of Living (Relief) Act, 1973. I further agree with the Authority that the respondents are entitled to the Cost of Living Allowance at the rate of Rs. 40 per mensem from 1st July, 1980 and they are further entitled to additional Cost of Living Allowance at the rate of Rs. 40 per mensem from 1st July, 1981.

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

Appeal dismissed.

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