I.A.ANSARI
Mahabir Tea Estate (P) Ltd. – Appellant
Versus
Union of India – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.