Section 17 — Appeal.

17. Appeal.—(1) 
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[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 
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[the order or direction] was made, 

in a Presidency-town 
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*** 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 
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[or 

such direction has the effect of imposing on the employer or the other person a financial liability 

exceeding one thousand rupees], or 

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[(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 
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[sub-section (4)] of section 15. 

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[(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). 



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[(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.] 

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[(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.]