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M/S Quality Inn Southern Star vs The Regional Director, Employees State ... on 3 December, 2007
cites
Section 75 in The Employees' State Insurance Act, 1948 [Entire Act]
The Rambagh Palace Hotel, Jaipur vs The Rajasthan Hotel Workers' Union, ... on 5 January, 1976
4. Learned counsel for the appellant submitted that the
payments were distributed equally amongst all the employees
periodically, once in three months. It was submitted that by a
circular it was clarified that service charges were outside the
scope of wage as defined. Reference was made to a decision of
this Court in The Rambagh Palace Hotel, Jaipur v. The
Rajasthan Hotel Workers' Union, Jaipur (1976 (4) SCC 817).
The High Court distinguished the same holding that it related
to "tips" and there was no consideration of the aspect whether
it was covered by the expression "reimbursement".
The Employees' State Insurance Act, 1948
Sathianathan N. And Sons (P) Ltd. And ... vs E.S.I. Corporation And Anr. on 6 February, 2002
In view of the above-said office memorandum and the
view taken by the Madras High Court in Sathianathan's case
(supra) the orders of the ESI Court and the High Court cannot
be maintained and are accordingly set aside.
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