(1) 3 [An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of that section] may be preferred, within thirty days of the date on which 4 [the order or direction] was made, in a Presidency-town 5 *** before the Court of Small Causes and elsewhere before the District Court—
(a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees 6 [or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or 7 [(b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or]
(c) by any person directed to pay a penalty under 8 [sub-section (4)] of section 15.
6 [(1A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.]
1. Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).
2. Subs. by s. 14, ibid., for “the maximum compensation that may be awarded under sub-section (3) of section 15 shall be ten rupees per head” (w.e.f. 1-2-1965).
3. Subs. by Act 68 of 1957, s. 7, for “An appeal against a direction made under sub-section (3) or sub-section (4) of section 15” (w.e.f. 1-4-1958).
4. Subs. by s. 7, ibid., for “the direction” (w.e.f. 1-4-1958).
5. The words “or in Rangoon” omitted by the A.O. 1937.
6. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
7. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).
8. Subs. by Act 20 of 1937, s. 2 and the First Schedule, for “sub-section (5) (w.e.f. 14-4-1937).
15 1 [(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application made under sub-section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final.]
2 [(3) Where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it.
(4) The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the decision of the High Court and, if it so does, shall decide the question in conformity with such decision.]
3 [17A. Conditional attachment of property of employer or other person responsible for payment of wages.—(1) Where at any time after an application has been made under sub-section (2) of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 4 [any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person permitted by the authority to make an application under sub-section (2) of section 15] the Court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under section 3 is likely to evade payment of any amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, except in cases where the authority or court is of opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgment under that Code shall, so far as may be, apply to any order for attachment under sub-section
(1).]