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december 2007

Supreme Court of India · 2007-12-03

M/S. QUALITY INN SOUTHERN STAR vs REGIONAL DIRECTOR, E.S.I.

Citation / case number
SC 2001/45
Court
Supreme Court of India
Petitioner
M/S. QUALITY INN SOUTHERN STAR
Respondent
REGIONAL DIRECTOR, E.S.I.
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's dismissal of the appeal under Section 82(2) of the Employees’ State Insurance Act, 1948, affirming the ESI Court's ruling that service charges collected by a hotel management from customers constituted 'wages' under Section 2(22) of the Act. The Court clarified that these charges, being part of the total bill and distributed to employees, do not qualify as 'tips' but as 'additional reimbursement'. The Court distinguished the case from The Rambagh Palace Hotel case, emphasizing the nature of service charges and their mandatory inclusion in bills.

M/S. QUALITY INN SOUTHERN STAR vs REGIONAL DIRECTOR, E.S.I. · Niyam