M/S Man Structure Limited Near ... vs Deputy Director, Employees State ...
2022 Latest Caselaw 567 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 157/2022

M/s Man Structure Limited Near Loco,
                                                                        ----Appellant
                                       Versus
Deputy Director, Employees State Insurance Corporation & Anr
                                                                     ----Respondents

For Appellant(s) : Mr. Himanshu Jain through V.C.

For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/01/2022

Learned counsel for appellant submits that payment of over

time wages are not included in wages as mentioned under Section

2 (22) of the Employees State Insurance Act, 1948. This position

has been clarified by the Hon'ble Supreme Court in the case of

Indian Drugs & Pharmaceuticals Ltd. Vs. Employees' State

Insurance Corporation passed in Civil Appeal Nos.2777/1980

decided on 06.11.1996.

Respondents are going on to recover the deductions over

time wages for the period prior to 06.11.1996 which is otherwise

barred by limitation as per proviso of Section 27 of the Act, 1948.

The employees State Insurance Court committed an illegality in

not appreciating bot these legal aspects and the impugned

judgment dated 13.08.2021 is illegal and perverse.

Heard.

Issue notice of appeal as also stay application to

respondents, returnable within twelve weeks.

(2 of 2) [CMA-157/2022]

In the meantime, recovery against the appellant in relation

to deductions for over time wages of period prior to 01.11.1996

shall remain stayed.

Record of this case be also summoned.

(SUDESH BANSAL),J

TN/39

Powered by TCPDF (www.tcpdf.org)