DEPUTY REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION BANGLORE Vs. MIZAR GOVIND ANNAPPA PAI AND SONS

JUDGEMENT

(1.) THIS appeal is by the Employees State insurance Corporation against the order dated september 18, 2001 passed on Employees insurance Application No. 70 of 1994 by the employees Insurance Court, Mangalore. The employees Insurance Court by the impugned order, has allowed the application of the respondent filed under Section 75 of the employees State Insurance Act, 1948 (hereinafter referred to as the Act) by setting aside the order dated June 26, 1989 passed by the Employees State Insurance corporation directing it to pay a contribution of Rs. 12,810. 00 in respect of payments made to its employees towards encashment of leave.

(2.) I have heard learned counsels appearing for the parties.

(3.) AS rightly submitted by the learned counsels for the parties, the moot (sic) question of law that falls for determination is as to whether the payments made towards "encashment of leave" would fall within the ambit of wages as defined under Section 2 (22)of the Act. It is relevant to notice the definition of wages as stated in Section 2 (22) of the Act: