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PETITIONER: J. C. JAIN
Vs.
RESPONDENT: R. A. PATHAK AND OTHERS
DATE OF JUDGMENT: 12/01/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SUBBARAO, K. GUPTA, K.C. DAS
CITATION: 1960 AIR 619 1960 SCR (2) 701
ACT: Payment of Wages-Employer’s right of appeal--When accrues -Payment of Wages Act, 1936 (4 of 1936), ss. 15(3), 16, 17(1) (a).
HEADNOTE: The expression " the total sum directed to be paid " used in s. 17(1) (a) of the Payment of Wages Act, 1936, properly construed, does not mean the total sum directed to be paid to each individual applicant. Consequently, an employer against whom a direction for payment is made under s. 15(3) of the Act has a right of appeal under S. 17(1) (a) not only when a single applicant is awarded a sum exceeding Rs. 300 but also when an award of a like amount is made on a single application made under s. 16(2) of the Act on behalf of several employees belonging to the same unpaid group or on several applications consolidated into one under s. 16(3) thereof. Section 17(1) (a) does not contemplate that before the right to appeal can accrue to the employer in the latter case each individual applicant must be awarded Rs. 300 or more. Since the language of the statute is clear and unambiguous no consideration of any possible hypothetical anomaly can be allowed to affect its plain meaning. Laxman Pandu and Others v....