High Court Kerala High Court

Employees State Insurance Corpn vs M/S.Rajagopal Textile Mills (P) … on 11 January, 2007

Kerala High Court
Employees State Insurance Corpn vs M/S.Rajagopal Textile Mills (P) … on 11 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1479 of 1998(B)



1. EMPLOYEES STATE INSURANCE CORPN
                      ...  Petitioner

                        Vs

1. M/S.RAJAGOPAL TEXTILE MILLS (P) LTD
                       ...       Respondent

                For Petitioner  :SRI.TPM.IBRAHIM KHAN

                For Respondent  :SRI.M.P.ASHOK KUMAR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :11/01/2007

 O R D E R
                             K.T.SANKARAN, J

                      ---------------------------------------------

                          M.F.A.No.1479  of 1998

                      ---------------------------------------------

             Dated this the 11th day of January, 2007






                                    JUDGMENT

In this appeal, the Employees State Insurance Corporation

challenges the order dated 25th August, 1997 in I.C.No.25 of 96

passed by the Employees Insurance Court, Palakkad. The

respondent herein runs a factory covered under the ESI Act.

The ESI Corporation demanded contributions for the period from

1.4.1994 to 31.3.1995 on amounts paid as holiday wages and

interim relief. The respondent herein challenged the demand

made by the ESI Corporation before the Insurance Court.

2. The Employees Insurance Court held that the interim

relief paid to the employees is “wages” within the meaning of

Section 2(22) of the Act and that the applicant before the court

was liable to pay the contribution amounting to Rs.31,300/- in

respect of the period from 1.4.1994 to 31.3.1995 as demanded

by the Corporation. However, the Employees Insurance Court

held, relying on the Full Bench decision of this court in

Employees State Insurance Corporation v. Malabar Cashewnut &

MFA 1479/1998 2

Allied Products (1993(1) LLJ 596) that wages paid for national

and festival holidays will not form part of the wages. On that

finding, the court below held that the demand made by the ESI

Corporation for contribution of Rs.23,191/- on holiday wages for

the period from 1.4.1994 to 31.3.1995 is unsustainable. The

proceedings initiated by the Corporation to recover that amount

were quashed. The E.I. court also held that interest is payable

by the applicant. As per order dated 4th May 1998 in I.A. No. 24

of 1998 filed by the ESI Corporation, the E.I. court modified the

period during which the respondent herein is liable to pay

interest.

3. As per the judgment dated 16th October 2001, the

Miscellaneous First Appeal was dismissed. That judgment was

reviewed by the order dated 26.10.2006 in R.P.No.626 of 2001

and the appeal was directed to be posted for hearing and

disposal afresh.

4. The E.I. court held that holiday wages would form

part of the wages only on the basis of the decision reported in

1993 (1) LLJ 596 in Malabar Cashewnut & Allied Products case.

MFA 1479/1998 3

The judgment of the Full Bench was challenged by the

Corporation before the Supreme Court. The Supreme Court

allowed the appeal by judgment dated 3.12.1997 and it was held

thus:

“It is not in dispute that the decision of this Court in Regional

Director, Employees State Insurance Corpn. vs. Popular

Automobiles & Ors. [(1997) 7 SCC 665] answers the point raised

in these appeals. Accordingly, we hold that the wages paid as

per the Kerala Industrial Establishments National and Festival

Holidays Act, 1958 on holidays to the employees would form part

part of ‘wages’ as per Section 2(22) of the Employees’ State

Insurance Act, 1948.

The order of the High Court taking a contrary view is set

aside. The appeals are allowed. No order as to costs.”

In view of the decision of the Supreme Court reversing the Full

Bench decision in E.S.I. Corpn. v. Malabar Cashewnut & Allied

Products, the order passed by the E.I. court holding that holiday

wages will not form part of wages is liable to be interfered with.

The finding rendered by E.I. court in paragraph 28 of the

MFA 1479/1998 4

judgment is set aside and the application filed by the respondent

herein, challenging the demand made and the proceedings

initiated by the Corporation, is dismissed.

MFA is allowed as above.






                                                     K.T.SANKARAN,

                                                        JUDGE


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MFA 1479/1998    5