Subs. by Act 25 of 1984, sec.2, for clause (r) (w.e.f. 1-7-1984). — The PAYMENT OF GRATUITY ACT, 1972

3. Subs. by Act 25 of 1984, sec.2, for clause (r) (w.e.f. 1-7-1984). (s) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employments and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowances, overtime wages and any other allowance. (i) The phrase "under the control" in clause (a) (i) (a) is the deciding factor regarding "Appropriate Government". The factor of the "control" is a question of facts and it would be decided in the merit of each case; NTC v. Addl. Labour Commissioner, (1987) 54 FLR 299 (All) (ii) Service, whether rendered prior to, or after the commencement of the Act, has to be taken in to consideration for the purpose of section 2(c) of the Act; Duncan Agro Industries Ltd. v. Subhann, (1984) 1 LLJ 96 (AP). (iii) If the main duties of an employee are only supervisory in nature, then certainly he cannot be excluded from the category of "employee" nor can he be deprived of the benefits of this Act, even though for a short period he is required to discharged additional or incidental functions; Vishwanath v. M.P.S.R.T. Corporation, (1987) 55 FLR 1 (Summary) (MP). (iv) Any workman engaged for work on temporary basis according to the availability of work is not an "employee" within the meaning of section 2(e); K. Velukutty Achary v. Harrisons Malayalam Ltd., (1993) 66 FLR 423 (Ker) (DB). (v) A workman who rolls beedis for his employer but at his own house is an "employee" within meaning of section 2(e) of the Act; P.H. Ramlal & Co. v. Smt. Chand Bibi, (1981) 1 LIC 790 (Guj). (vi) Home worker is very much a person working in the establishment within the meaning of section 2(e). since, the place where he rolled the beedis, though situated away from the Beedi factory, was nevertheless a part of the establishment within meaning of section 2(h) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966. Hence, Home maker is an employee of the establishment M/s. Bagi Beedi Factory v. Appellate Authority, 1998 LLR 23 (vii) After attaining the age of superannuation no employee is entitled, as a matter of right, to be in the employment in any establishment; Sir J.P. Srivastava Group of Industries v. State of U.P./ (1993) 66 FLR 248 (All). (viii) "Incentive wages" are included in the definition of "wages" under section 2(s) of the Act; Anglo French Textile Ltd. v. P.O. Labour Court, (1981) 58 FJR 252 (Mad).

Section 3