BHARAT HOTEL Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) (1) Whether 'stipend' being disbursed by a Trainer to the Trainee can be categorized as 'wages' within the meaning of Section 2(22) of the Employees' State Insurance Act ('ESI Act' for short)

(2.) Heard the learned Senior Counsel Sri U.K. Ramakrishnan for the appellant and the learned Standing Counsel for the ESI Corporation Sri T.V. Ajayakumar.

(3.) Admittedly, Ext. P5 order is one passed under Section 45A of the ESI Act. The learned Senior Counsel has invited the attention of this Court to Section 2(9) of the ESI Act, which deals with 'employees'. The said provision as it then stood till 20/10/1989, did not contain the inclusive portion 'or any person engaged as apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961)'. The aforesaid terms were included as an amendment with effect from 20/10/1989 in the said provision. Presently, Section 2(9) of the ESI Act reads: