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1993 Supreme(SC) 704

P.B.SAWANT, YOGESHWAR DAYAL
Modella Woollens – Appellant
Versus
Employees State Insurance Corporation – Respondent


ORDER

1. The question involved in the present case is whether the production bonus paid to the employees is "wages" within the meaning of Section 2(22) of the Employees State Insurance Act, 1948 (hereinafter referred to as the Act). The Insurance Court has taken the view that the production bonus in question is wages and the High Court has confirmed it relying on two Full Bench decisions of the Andhra Pradesh and Karnataka High Courts, viz. ESI Corpn. v. A.P. Paper Mills Ltd. {1978 Lab IC 19 (1978) 1 LLJ 469 : (1977) 2 LLN 582 (FB)} and N.G.E.F. Ltd. v. Dy. Regional Director, E.S.I.C. {1980 Lab IC 431  which have also been relied upon by the Insurance Court. The definition of wages reads as follows:

" Wages means 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 not 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






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