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M.Y. Eqbal CJ.
Heard the learned counsel for the parties and perused the Impugned order, dated 17.9.2009 passed by the learned Single Judge In W.P. No. 46005 of 2002, which Is reproduced here in below
1.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 ESI Act, The petitioner challenges the same In this writ petition.
The learned counsel appearing for the petitioner would rely on judgment of the Hon''ble Supreme Court In Regional Director of Employees'' State Insurance Corporation, Madras v. Sundaram Clayton Ltd., Moppet Division, Madras reported In 2004 (1) LLN 630 wherein the Hon''ble Supreme Court (SIC) Madras High Court has held that conveyance allowance shall not form part of the wages for the purposes of ESI Act.
In view of the abovesaid 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 of the wages for the purposes of ESI Act. Connected miscellaneous petitions are closed. No costs.
After hearing the learned counsel for the parties, we do not find any merit in this writ appeal, which is accordingly dismissed. There will be no order as to costs.