- (1.) THIS matter has been directed against the judgment and order dated November 13. 1997 passed by the learned Judge, employees Insurance Court, West Bengal in Case No. 33 of 1988.
(2.) IN brief, the petitioner's case is that the Insurance Inspector of the petitioner Corporation visited the factory of opposite party at Birlapur, P. O. Birlapur within the District of 24-Parganas (South) in between the period from 17. 6. 1986 to 19. 6. 1986 for the purpose of inspection of records of the factory covering the period from June, 1984 to January, 1985 and reported that he found the employees of the said factory were paid overtime allowances for the period from 27. 01. 1985 to 31. 3. 1986 amount to Rs. 13,67,560. 42 P. but the opposite parties did not pay any contribution on the said sum, an amount of Rs. 99,148/- being @ 7. 25%.
(3.) PETITIONER Corporation issued letter vide No. C/ins.-V/41-4203/978-79 dated 21. 8. 1986 to the opposite party requesting them to pay the amount of said contribution. The opposite parties disputed and claimed the overtime allowances as not being wages within the meaning of section 2 (22) of the act in their letter vide No. Fib. /esic/2284 dated 16. 9. 1986.;