HARIHAR POLYFIBRES versus THE REGIONAL DIRECTOR ESI CORPORATION

HARIHAR POLYFIBRES versus THE REGIONAL DIRECTOR ESI CORPORATION

'Wages' as defined by Section 2(22) of the Employees' State Insurance Act, 1948 necessarily includes 'House Rent Allowance', 'Night Shift Allowance', 'Heat, Gas and Dust Allowance', and 'Incentive Allowance', whether paid under the contract or otherwise, if paid at intervals not exceeding two months.

Parties
Petitioner: Harihar Polyfibres; Respondent: The Regional Director, ESI Corporation
Jurisdiction
India
Judgment Date
04 September 1984
Procedural Posture
Special Leave Petition (civil) No. 9795 of 1983 / Supreme Court Decision on Appeal From Karnataka High Court Misc. First Appeal No. 639 of 1983
Outcome
Petition dismissed
Legal Topics
Employees' State Insurance: Definition of Wages, Allowances Under ESI Act
Labour Law Social Welfare Legislation Employees' State Insurance: Definition of Wages Allowances Under ESI Act

Case Brief

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Parties

Harihar Polyfibres

Petitioner

The Regional Director, ESI Corporation

Respondent

Procedural Posture

Special Leave Petition (civil) No. 9795 of 1983 / Supreme Court Decision on Appeal From Karnataka High Court Misc. First Appeal No. 639 of 1983

Legal Issues

  1. 1 Whether 'wages' as defined in Section 2(22) of the Employees' State Insurance Act, 1948 includes 'House Rent Allowance', 'Night Shift Allowance', 'Heat, Gas and Dust Allowance', and 'Incentive Allowance'

Ratio Decidendi

'Wages' as defined by Section 2(22) of the Employees' State Insurance Act, 1948 necessarily includes 'House Rent Allowance', 'Night Shift Allowance', 'Heat, Gas and Dust Allowance', and 'Incentive Allowance', whether paid under the contract or otherwise, if paid at intervals not exceeding two months.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed