VidhiSangh

Supreme Court of India · 08/03/2021

THE EMPLOYEES STATE INSURANCE CORPORATION versus M/S TEXMO INDUSTRIES

[2021] 2 S.C.R. 1010 · 2021 INSC 167

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Summary

The Supreme Court held that conveyance allowance compensating employees for travel to work fell within the travelling allowance exclusion from wages under the ESI Act. Its nature and purpose mattered, rather than monthly payment, a fixed amount or inclusion in the employment contract. There was no allegation or finding that the employees incurred no conveyance expense. The Court sustained deletion of the disputed contribution demand and dismissed the Corporation’s special leave petition.

Issues

  1. Whether conveyance allowance paid regularly under employment terms formed part of wages for ESI contributions.

Provisions considered

Held

Result

Special leave petition dismissed; exclusion of the disputed conveyance allowance contribution sustained.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 1010.