(1.) This is a reference made by the Employees' Insurance Court, Nagpur, under S. 81 of the Employees' State Insurance Act, 1948 (34 of 1948), hereinafter referred to as the Insurance Act. The question referred is as follows :
(2.) The arguments before us have mainly turned on the definition of "wages" which is to be found in S. 2(22) of the Insurance Act, which is as follows :
(3.) We might at this stage also refer to two other relevant provision which make it obligatory on the employer to pay wages for overtime work. The primary provision is to be found in S. 59 of the Factories Act, 1948, which is as follows :