SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Gau) 865

I.A.ANSARI
Mahabir Tea Estate (P) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. D.K. Biswas & Mr. G.S. Bhattacharjee
For Respondents/Defendant: Mr. A. Lodh, Mr. N.C. Pal, GA & Mr. B. Datta

JUDGMENT

I.A. Ansari, J.

1. Considering the fact that all these writ petitions, made under Article 226 of the Constitution of India, have raised common questions of law, based on identical facts, all the writ petitions, on the request made by the learned counsel for the parties concerned, have been heard together and are being disposed of by this common judgment and order. The moot question, which these writ petitions have thrown up for determination, is: whether the remuneration, which an employee may receive, pursuant to an understanding agreement with the management of a Tea Estate, for plucking tea leafs in the morning, before the working hours commence, would fall within, or would form part of, the employee's basic wage as defined by Section 2(b) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952?

2. I have heard Mr. D.K. Biswas, learned counsel, for the petitioners, and Mr. A.S. Lodh, learned counsel, for the respondent No. 2. I have also heard Mr. N.C. Pal, learned Govt. Counsel, Tripura, for the respondent No. 3.

3. The material facts, which have led to these set of writ petitions, may, in brief, be set out as under:

By a notice, dated 15.06.2010, issued by t



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top