ALOK KUMAR BASU, J. - (1.) IN spite of service of notice, nobody appears on behalf of the opposite parties to contest this application which has been filed by the Employees' State Insurance Corporation challenging Order No. 18, dated February 7, 1997 and order No. 21 dated August 19, 1997, passed by the learned Judge, Employees' Insurance Court, West Bengal in Case No. 97 of 1994.
(2.) OPPOSITE party No. 1 Sri Ramadhar Jaiswal being an employee under opposite party No. 2 Texmaco Ltd., approached the Employees' Insurance Court for giving necessary direction to the Corporation for referring the case of the opposite party No. 1 to the Medical Board for assessment of his disability so that he can get the benefit of the Act. Opposite party No. 2, in course of the; proceeding filed its written statement. The learned Judge of the Employees' Insurance Court did not under objection raised by the Corporation that said Ramadhar Jaiswal cannot be considered to be an employee for getting the; benefit under the Act on the ground that his monthly wages exceeded the ceiling amount of Rs. 1,600 at the relevant time.
(3.) LEARNED Judge by his order, dated February 7, 1997, after hearing; the parties was: of the view that if the wage paid on holiday is excluded, then, the wages of. the employee would certainly come within the ceiling limit and learned Judge was of the view that wages paid on holiday cannot be considered to be; wages within the meaning of Section 2(22) of the Act. The learned Judge, accordingly allowed the prayer of the employee and referred his case to the Medical Board.;