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DEEPAK GUPTA, S.C.DAS
Regional Provident Fund Commissioner, Office of the Employees Provident Fund Organisation – Appellant
Versus
Mekhlipara Tea Company Ltd. – Respondent
DEEPAK GUPTA, J
These writ appeals are being disposed of by a common judgment in view of the fact that an identical question of law arises in all the appeals and they all arise out of the same judgment.
2. The moot question which was decided by the learned Single Judge was whether the remuneration received by an employee pursuant to an understanding entered into with the Management of the Tea Estate for plucking tea leaf in the morning, before working hours commenced would form part of the basic wages of an employee as defined in Section 2(b) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, hereinafter referred to as the Act.
3. Section 2(b) of the Act reads as follows:
“2(b) “basic wages” means all emoluments which are earned by an employee while on duty or [on leave or on holidays with wages in either case] in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include:
(i) the cash value of any food concession;
(ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), houserent allowance, overtim
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