Section 17 of PW Act : Section 17: Appeal

Explanation using Example

Imagine a factory worker named John who has not received his wages for the past three months. The total amount withheld from him is ₹5,000. John files an application under sub-section (2) of section 15 of the Payment of Wages Act, 1936, claiming the unpaid wages. The authority orders the employer to pay John the withheld wages along with a compensation of ₹1,000.

The employer, believing the direction to be excessive, decides to appeal against the authority's order. As per Section 17(1)(a), the employer is eligible to appeal since the total sum directed to be paid exceeds ₹300. However, according to Section 17(1A), the employer must deposit the amount payable under the direction appealed against before the appeal is considered.

John, satisfied with the authority's decision, awaits the payment. But if the employer follows through with the appeal and deposits the required amount, the payment to John will be withheld pending the decision of the appeal, as mentioned in Section 17(3).

Meanwhile, the court handling the appeal might encounter a significant legal question that could affect the outcome of John's case. In such a scenario, as per Section 17(4), the court may refer this question of law to the High Court for a decision and shall abide by the High Court's ruling.

This example illustrates how Section 17 of the Payment of Wages Act, 1936, operates in case of an appeal against a decision related to the payment of withheld wages.