Citation : 2022 Latest Caselaw 3057 Gua
Judgement Date : 17 August, 2022
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GAHC010124882014
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/39/2014
SMT. PUNAM DEVI and 5 ORS,
W/O LT. DAYA SANKAR SINGH
2: SHILPI KUMARI
D/O LT. DAYA SANKAR SINGH
3: LAXMINI KUMARI
D/O LT. DAYA SANKAR SINGH
4: NIVA KUMARI
D/O LT. DAYA SANKAR SINGH
5: MAJIT KUMAR
S/O LT. DAYA SANKAR SINGH
6: SUBHOD KUMAR
S/O LT. DAYA SANKAR SINGH
ALL ARE RESIDENTS OF M/S PUNJ LLYOD LTD. COMPLEX CHEPTI
RANGIA
KAMRUP
ASSAM
781354. PREMANENT RESIDENT OF VILL. SURWALIYA
P.O. BARHAR GOPAL
DIST. SIWAN
BIHAR. APPLICANT NO. 2 TO 6 ARE REPRESENTED BY THE APPLICANT
NO. 1 DUE TO THEIR MINORITY
VERSUS
RELIANCE GENERAL INSURANC CO. LTD. and ANR.
REGISTERED OFFICE AT RELIANCE CENTRE, 19, WALCHAND HIRACHAND
MARG, BALLARD ESTATE MUMBAI 400001 REPRESENTED BY THE POLICY
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SERVING OFFICER 5TH FLOOR ANIL PLAZA, BESIDES IDBI BANK G.S.
ROAD, GUWAHATI, ASSAM 781005 INSURER OF THE VEHICLE NO. AS-
14/A-8950
Advocate for the Petitioner : MR.S C PANDIT
Advocate for the Respondent : MR. R GOSWAMI (R1)
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
17.08.2022
Heard Mr. S. C. Pandit, learned counsel for the appellant. Also heard Mr. R. Goswami, learned counsel appearing for the respondent No. 1.
This appeal is preferred under Section 30 of the Employees Compensation Act, 1923 assailing the judgment and order dated 06.03.2014 passed by the learned Commissioner, Employee's Compensation, Kamrup, Guwhati in W.C. Case No. 61 of 2012.
The appeal is admitted with the following substantial question of law:-
(1) Whether overtime wages of a workman driver is a part of salary within the meaning of wages defined in Section 2(m) of Employees Compensation Act, 1923?
LCR has already been received.
List this matter for Hearing in its due course.
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JUDGE
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