

THE EMPLOYEES’ STATE INSURANCE ACT, 1948 COMMENTS (xxxvi) Both the remunerations received during the working hours and over time constitute a composite wages and thereby it is a wage within the meaning of section 2(22) of the Act; Balmer Lawrie & Co. Ltd. v. Employees' State Insurance Corporation, (2003) 2 LLJ 105 (Cal). (xxxvii) The equipment maintenance Deptt. of a hospital, which is part of a medical college, maintaining and repairing the equipments in the hospital, being a 'factory' within the meaning of section 2(12); C.M.C. v. Employees' State Insurance Corporation, AIR 2001 SC 373. (xxxviii) The payment was made quarterly and was not 'wages' under the Act as it didnot fall under the first part of section 2(22) or under third part thereof; Whirlpool of India Ltd. v. Employees' State Insurance Corporation, AIR 2000 SĆ 1190. (xxxix) The Crucial expression in section 2(14) of the Act is "are or were payable". It is the obligation of the employer to pay the contribution from the date the Act applies to the factory or the establishment; Bharagath Engineering v. R. Ranganayaki, (2003) 2 SCC 138.
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