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1986 Supreme(Bom) 375

V.V.VAZE
EMPLOYEES' STATE INSURANCE CORPN. – Appellant
Versus
INDIAN DYESTUFF INDUSTRIES LTD. – Respondent


Advocates Appeared:
Rajan Jaykar, for M.V. Jaykar
F.O. Damania, instructed by, Amarchand Mangaldas and Hiralal Shroff

JUDGMENT :

Vaze, J.—The short point raised in this appeal is whether attendance bonus paid by the management under a scheme wrought by a settlement between the management and the workmen can be called 'wages' within the meaning of Clause (22) of Section 2 of the Employees' State Insurance Act, 1948 ('the Act').

2. As a result of a settlement, u/s 2(P) read with Section 18 of the Industrial Disputes Act, between the applicant Company and the Chemical Workers' Union, a scheme of attendance bonus was introduced with effect from 1st January 1968. Such of the workmen who remain present at least on all but one days were eligible to receive one day's wages per month by way of attendance bonus to be calculated at the end of each quarter. The Employees' State Insurance Corporation ('the Corporation') treated this attendance bonus as 'wages' and asked the employer to pay the contribution which stand was negatived by the Employees' Insurance Court at Bombay, giving rise to the present appeal.

3. According to Mr. Jaykar, learned Counsel for the appellant, the matter is no longer res integra in view of the decision of the Division Bench of this Court in Well-man (India) Pvt. Ltd. v. The Employees'

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