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Jawahar Singh vs Rambharosi (2023:Rj-Jp:21419) on 6 September, 2023 cites

Executive Engineer, Upseb vs Prescribed Authority/Assistant ... on 10 April, 2002

"5. The Payment of Wages Act being a special law, which prescribes the mode and manner in which an appeal u/s 19(1A) of the Act has to be filed and the same has not been complied with, therefore, in view of the prohibitive language of Section 17(1A) of the Act, no appeal can be entertained as the same does not He. In my view, the objection of the learned counsel appearing on behalf of the respondents workman that because of the prohibitive language used u/s 17(1A) of the Act, no appeal shall lie, unless the manner prescribed in Section 17(1A) of the Act is followed before filing of the memorandum of appeal. Learned counsel for the petitioners-employer has relied upon a decision in 1987 AWC 47. particularly paragraphs 7 and 8. A perusal of the aforesaid decision would demonstrate that in that case, the money was deposited within the limitation prescribed and, therefore, this Court held that the defect of not accompanied the certificate of deposit, deposit can be cured if the same has been done within the limitation prescribed. In the present cases, it is admitted case of the parties that neither the certificate accompanied along with the memorandum of appeal, nor the deposit was made within the limitation prescribed. Learned counsel for the petitioners-employer has relied upon a decision regarding Section 29(2) of the Limitation Act, but in view of my observations above, since the appeal has not been filed after following the procedure prescribed and beyond the limitation prescribed, the question of the applicability or otherwise of Section 29(2) of the Limitation Act will not arise."
Allahabad High Court Cites 8 - Cited by 0 - A Kumar - Full Document
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