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Koluthara Exports Ltd vs State Of Kerala & Ors on 2 February, 2002

In the present cases also, the amount contributed by the Management has since been transferred to the fund and even made use of for the benefit of the employees covered- by the scheme. No application in the manner prescribed having been filed within the time permissible under Regulation 40 for refund, the prayer for refund was rightly declined by the Courts below. In the result, M.F.As.No. 2251, 2657, 2655, 132, 3594, 2240/2001 filed by the ESI Corporation are dismissed as withdrawn. M.F.As.No. 2031 & 3165/01 are also dismissed. M.F.A.No. 1879/ 1999 shall however stand allowed, the order passed by the ESI Court shall stand set aside and the demand for payment of Rs. 4,50,983/ - towards contribution raised against the appellant in that case set aside. No costs.
Supreme Court of India Cites 24 - Cited by 17 - Full Document

Wellman (India) Pvt.Ltd vs Employees State Insurance Corpn on 3 November, 1993

A careful reading of the above would show that all remuneration paid or payable in cash to an employee in terms of the contract of employment whether it is express or implied are wages within the meaning of the said expression. In addition any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or lay-off is also a part of the wages. Additional remuneration if any paid at intervals not exceeding two months are also wages within the meaning of the definition provided in the Act. The payment of conveyance allowance in the present cases is made either under the contract of employment or in terms of a settlement arrived at between the Management on the one hand and the employees on the other. That payments made by the Management under a settlement with the employees would constitute payments made under the contract of employment is fairly well settled by the decisions of the Supreme Court in WELLMAN (INDIA) PVT. LTD., v. EMPLOYEES' STATE INSURANCE CORPORATION, and MODELLA WOOLLENS LTD. v. EMPLOYEES' STATE INSURANCE CORPORATION AND ANR, 1994 SUPP (3) SCC 580.
Supreme Court of India Cites 16 - Cited by 21 - P B Sawant - Full Document
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