ORDER

These appeals are by certificate granted by the Division Bench of the Andhra Pradesh High Court under Article 133 of the Constitution. The question of law of public importance is : whether the overtime wages paid to an employee by the appellants are "wages" within the meaning of Section 2(22) of the Employees State Insurance Act, 1948 (for short, the Act ). It is not necessary to record the facts in all these cases. Suffice it to state that the facts in C.A. No. 2784/80 are sufficient for disposal of the common controversy. Admittedly, the appellants have taken overtime work from their existing employees. The employees had done work during the stipulated working time and thereafter they were asked to perform overtime work which they did and accordingly, the overtime rate of wages was paid in terms of the agreement between the appellants and the workmen.

2. Therefore, the question has arisen : whether absence of stipulation for payment of the overtime wages in the original contract of employment, would take away such remuneration paid towards the overtime work from the definition of the word wages within the meaning of Section 2(22) of the Act. The said section reads as under