JUDGMENT

O. CHINNAPPA REDDY, J. :— The question for consideration in this petition for special leave to appeal under Article 136 of the Constitution of India is whether the expression wages, defined by Section 2 (22) of the Employees State Insurance Act, includes House Rent Allowance, Night Shift Allowance paid to those employees who are obliged to work in the night shift and the Heat, Gas and Dust Allowance and Incentive Allowance paid by an employer to his employees. Section 2 (22) defines wages as meaning :

"all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorised leave, lock-out, strike which is Dot illegal or lay-off and other additional remuneration, if any, paid at intervals not exceeding two. months, but does not include (a) any contribution paid by the employer to any pension fund or provident fund, or under this Act; (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratu