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2006 Supreme(Ker) 701

THOTTATHIL B.RADHAKRISHNAN
The Employees State Insurance Corporation, represented by its Regional Director – Appellant
Versus
Rajagopal Textile Mills (P) Limited – Respondent


Judgment :-

Is a judgment of an inferior court, rendered contrary to a binding earlier decision of a superior court, liable to be reviewed on that count? This is the short issue for consideration in this application for review.

2. One of the issues that arose for decision in I.C.No.25 of 1996 filed by the respondent-establishment before the Employees’ Insurance court, Palakkad, for short, the “E.I.Court”, was as to whether holiday wages will amount to wages within the meaning of Section 2(22) of the Employees’ State Insurance Act, 1948, hereinafter, the “ESI Act”, for short. The E.I. Court, following the decision of the Full Bench of this Court in E.S.I. Corporation v. Malabar Cashewnut and Allied Products (1993 (1) LLJ 596) answered that issue against the Corporation by order dated 4-5-1998. Employees’ State Insurance Corporation, hereinafter referred to as the “Corporation”, for short, appealed against that decision to this Court, contending that S.L.P.(C) Nos. 10057-59/93, against the decision of this court in MC & AP’s case (supra) are pending before the Apex Court. This was specifically raised as Ground (B) in the appeal memorandum and one of the substantial questions of law su










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