- (1.) THE question of law is whether good-work wages paid to the respondent by the appellant in the present case are wages within the meaning of Section 2 (22) of the Employees' State Insurance Act, 1948 (hereinafter referred to as "the Act of 1948") and if so, the appellant is enjoined to pay contribution under the Act of 1948 or not.
(2.) THIS miscellaneous appeal has been filed by the appellant- plaintiff against the judgment and decree dated April 28, 1997 passed by the learned Judge, E. S. I. (CJM), Bhilwara in E. S. I. Case No. 3/95 by which the suit of the appellant-plaintiff was dismissed holding inter- alia that the good-work wages paid to the respondent-defendant by the appellant-plaintiff are wages within the meaning of Section 2 (22) of the Act of 1948 and thus, appellant-plaintiff was liable to pay contribution over that good-work wages.
(3.) IT arises in the following circumstances.-The appellant-plaintiff filed a suit in the Court of E. S. I. (CJM), Bhilwara against the respondent-defendant on November 20, 1995 seeking a decree of declaration that the good-work wages paid by the appellant-plaintiff to the respondent- defendant are not wages within the meaning of Section 2 (22) of the Act of 1948 and thus, the appellant-plaintiff was not under an obligation to pay contribution over that good-work wages. A reply was filed by the respondent-defendant on February 19, 1996 and it was submitted by the respondent- defendant that the good-work wages would be covered by "wages" as defined in Section 2 (22) of the Act of 1948 and thus, the appellant- plaintiff was bound to pay contribution over that good-work wages. The learned Judge, ESI (CJM), Bhilwara framed three issues and the issue No. 3 was to the effect whether on the amount of good-work, liability to pay contribution is there or not and the burden of the issue was placed on the respondent-defendant. The learned Judge, ESI (CJM), Bhilwara after considering the evidence and material available on record, decided the said issue No. 3 in favour of the respondent-defendant and against the appellant-plaintiff though impugned judgment and decree dated April 28, 1997 holding inter-alia that good-work wages paid by the appellant-plaintiff to the respondent-defendant are wages within the meaning of Section 2 (22) of the Act of 1948 and thus, the appellant-plaintiff was liable to pay contribution on good-work wages. Aggrieved from the said judgment and decree dated April 28, 1997 passed by the learned Judge, ESI (CJM), Bhilwara, the appellant-plaintiff has preferred this appeal.;