MOHD ARIF Vs. MIRZA GLASS WORKS

JUDGEMENT

(1.) A preliminary objection has been raised by counsel for the respondents that this special appeal is not maintainable in view of the fact that writ petition was filed against an order passed by Prescribed Authority against the appellant under the Payment of Wages Act, 1936.

(2.) Chapter VIII, Rule 5 of the Rules of the Court provides that special appeal shall not lie from a judgment of learned single Judge passed in exercise of jurisdiction conferred by Article 226/227 of the Constitution in respect of any judgment, or order or award of a Tribunal, Court or statutory arbitrator. Chapter-VIII, Rule 5 of the Rules of the Court is extracted below:

(3.) The question for consideration is as to whether the Prescribed Authority under the Payment of Wages Act, 1936 is a Tribunal. Section 15(1) of the Payment of Wages Act, 1936 provides that the State Government may, by notification in the Official Gazette, appoint the Presiding Officer of any Labour Court or Industrial Tribunal, or under any corresponding law relating to the investigation and settlement of industrial disputes or any Commissioner for Workmen's Compensation or other officer with experience as a Judge of a Civil Court to be authority to hear and decide all claims. Section 15(1) of the Payment of Wages Act, 1936 is extracted below: