(1)¹[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 ²[the order or direction] was made, in a Presidency-town ³*** 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 ⁴[or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or
         ⁵[(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 ⁶[sub-section (4)] of section 15.
     ⁴[(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.]
     ⁷[(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.]
     ⁸[(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.
                                                    STATE AMENDMENT
    Karnataka
    Amendment of section 17.--In section 17 of the principal Act,--
    (1) in sub-section (2), after the words, brackets and figure "sub-section (4) of that section" the words, brackets, figures and letter, "or any order made under sub-section (1) of section 17A" shall be inserted.
    (2) after sub-section (4), the following sub-section shall be added, namely:--
    "(5) the provisions of section 5 of the Limitation Act, 1963 shall be applicable to appeals under this section."
    [VideKarnataka Act 2 of 1977, s. 7].
    Maharashtra.--
    iAmendment of section 17 of Act IV of 1936.--In section 17 of the said Act, in sub-section (1), in clause (b), --.
            (i) after the words "an employed person" the following shall be inserted namely:--.
            "or any legal practitioner or any official of a registered trade union authorised in writing to act on act on his behalf or a representative union registered as such under the Bombay Industrial Relations act, 1946, or any Inspector under this Act or any other person authorised by an authority to make an application under sub-section (2) of section 15 and in the case of death of the employed person, his legal representative, as the case may be,";.
            (ii) for the words "him" and "he" the words "the employed person" shall be substituted..
[Vide Bombay Act XLVIII of 1955, s. 4].
    Amendment of section 17 of Act IV of 1936.--In section 17 of the principal Act, in sub-section (1).--.
    (1) for clause (b), the following shall be substituted, namely:--.
"(b) by an employed person, or any legal practitioner or any official of a registered trade union authorised in writing in writing to act on his behalf, or a representative union registered as such under the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), or any Inspector under this Act, or any other person authorised by an authority to make an application under sub-section (2) of section 15, and (in the case of the death of the employed person) by his legal representative, as the case may be, if the total amount of wages claimed to have been withheld from the employed person, or from the unpaid group to which the employed person belonged, exceeds fifty rupees, or"
    (2) after the first proviso, the following shall be added, namely:--.
"Provided further that, when the order or direction appealed against was made by any person who holds or has held office of or above the rank of a District Judge or a judicial member of the Industrial Court constituted under the Bombay Industrial relations Act, 1946, or the presiding officer of a Tribunal constituted under the Industrial Disputes act, 1947, an appeal under this section shall lie to the High Court."
    [Vide Maharashtra Act XIII of 1961, s. 7].
    Amendment of section 17 of Act IV of 1936.--In section 17 of the said Act,--.
    (1) to sub-section (1), the following shall be added, namely:--.
"Provided that no appeal by an employer or other person responsible for the payment of wages under section 3, under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the authority, to the effect that the appellant has deposited with it the amount payable under the order appealed against.".
    (2) sub-section (2), after the brackets and figure "(4)" the words, brackets figure and letter", or any order made under sub-section (3A)" shall be inserted;.
    (3) after sub-section (2), the following sub-section shall be added, namely:--.
"(3) The provisions of section 5 of the Indian Limitation Act, 1908 (IX of 1908), shall be applicable to appeals under this section.".
[Vide Bombay Act LXII of 1953, s. 6].