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Judgment
S. Nagamuthu, J.—The impugned order of the first Respondent is a clarification issued stating that the conveyance Allowance paid as per the contract of service would also fall within the definition, of ''wages'' for the purpose of Section 2 (9) as well as 2 (22) of the E.S.I Act. The Petitioner challengers the sane in this writ petition.
The learned Counsel appearing for the Petitioner would rely on a judgment of the Hon''ble Supreme Court in Regional Director Employees'' State insurance Corporation Madras v. Sundaram Clayton Ltd., Moppet Division, Madras reported in 2004(1) L.L.N. 630 wherein the Hon''ble Supreme Court has held that conveyance allowance shall not form part or the wages tor the purposes of E.S.I. Act.
3, In view of the above said law laid down by the Hon''ble supreme court, the writ petition is allowed and the impugned order is quashed. It is made clear that the conveyance allowance shall not form part or the wages for the purposes or E.S.I. Act. Connected miscellaneous petitions are closed. No costs.