HANDLOOM HOUSE ERNAKULAM Vs. REGIONAL DIRECTOR ESI

JUDGEMENT

(1.) Leave granted.

(2.) Handloom House is a Co-operative Society engaged in manufacturing and selling handloom fabrics. It disburses to its employees, besides the normal wages, special amounts under two counts. One is "incentive bonus" and the other is "sales commission." Thereupon, the Employees State Insurance Corporation (for short 'the Corporation') demanded from the Handloom House additional contribution towards insurance fund on the premise that such extra benefits given to the employees fall within the ambit of "wages" under the Employees' State Insurance Act, 1948 (for short 'the Act'). When the Handloom House challenged the said demand before the Employees Insurance Court it was held that such benefits do not form part of wages and hence the demand is unsustainable. The Corporation filed statutory appeal before the High Court of Kerala and a Division Bench thereof quashed the judgment of the Insurance Court and permitted the Corporation to proceed with the demand.

(3.) The Handloom House, having lost even a motion for review of the said judgment, has filed this appeal by special leave.