VidhiSangh

Supreme Court of India · 21/09/2017

EMPLOYEES STATE INSURANCE CORPORATION & ANR. versus MANGALAM PUBLICATIONS (I) PRIVATE LIMITED

[2017] 8 S.C.R. 697 · 2017 INSC 973

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A private newspaper publisher disputed ESI contributions on interim wage relief paid pending wage revision, relying on a public-sector office memorandum and describing the payments as ex gratia. The Court held that the relief formed part of wages under Section 2(22), restored the ESI Court’s order and permitted recovery under the demand notice.

Issues

  1. Whether interim relief paid pending wage revision was wages attracting ESI contributions.
  2. Whether an office memorandum governing Central public-sector enterprises could exclude the private publisher’s payments.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and ESI Court order restored. Corporation entitled to recover contributions for 1 April 1996 to 31 March 2000 under the demand notice dated 2 November 2000. No costs.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 697.