Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether overtime wages paid to employees constitute "wages" within the meaning of Section 2(22) of the Employees State Insurance Act, 1948.
Analysis: The definition of "wages" in Section 2(22) was construed as a wide and beneficial definition covering all remuneration paid or payable under an express or implied contract of employment, subject only to the express exclusions. The overtime arrangement was treated as part of the employment relationship and not as a payment outside the contract. The omission of overtime remuneration from the exclusions, together with the object of the welfare legislation, showed that overtime pay was intended to fall within wages. The Court also relied on the principle that the inclusive part of the definition is illustrative and that remuneration for overtime work forms part of the composite remuneration earned by the employee.
Conclusion: Overtime wages are wages under Section 2(22) of the Employees State Insurance Act, 1948, and contribution is payable on that amount.
Ratio Decidendi: Under a welfare statute containing a wide inclusive definition, remuneration for overtime work paid pursuant to an express or implied employment arrangement is part of wages unless expressly excluded.