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2025 DAILYLAW 126132 (ALL)

DINESH KUMAR AND 3 OTHERS v. ADDL. DISTRICT AND SESSIONS JUDGE/SPECIAL JUDGE E.C. ACT COURT NO. 4 SULTANPUR AND 3 OTHERS

WRIC/2028/2025 · 2025-03-05

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13331 Court No. - 7 Case :- WRIT - C No. - 2028 of 2025 Petitioner :- Dinesh Kumar And 3 Others Respondent :- Addl. District And Sessions Judge/Special Judge E.C. Act Court No. 4 Sultanpur And 3 Others Counsel for Petitioner :- Ramchandra Gupta,Sonali Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel. 2. The present petition has been filed challenging the order dated 07.01.2025 whereby the delay in filing the appeal under Section 17 of the Payment of Wages Act is allowed and the delay in filing the appeal was condoned. 3. The contention of the Counsel for the petitioner is that in terms of the mandate of Section 17 (1A), no appeal shall lie unless the memorandum of appeal is accompanied by a certificate of the authority to the effect that the appellant has deposited the amount. He argues that no amounts were deposited, the appeal could not have been entertained. 4. The said contention cannot be accepted at this stage because only the application filed under Section 5 of the Indian Limitation Act has been allowed. No order has been passed with regard to entertaining the appeal. 5. As the provisions of Section 17(1A) of the Payment of Wages Act are mandatory, there is no reason to apprehend that the same shall not be complied with by the appellate authority. 6. The writ petition is disposed off in the above terms. Order Date :- 5.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench