S. L. TALATI, J. ( 1 ) THE Regional Director Employees State Insurance Corporation Ahmedabad is the appellant in all these appeals. A common question which arose is decided by the First Labour Court in E. S. I. Applications Nos. 11 32 33 51 52 and 54 of 1971. The question that arose was whether the Respondent-Companies were liable to pay employers special contribution under sec. 73a of the Employees State Insurance Act 1948 on the payments made to its employees in respect of Paid Holidays. The First Labour Court in all the petitions came to the conclusion that the opponent Companies were not liable to contribute and therefore the orders were passed restraining the appellant from recovering certain amounts specified in the orders. ( 2 ) THOSE orders are now challenged by filing these appeals. ( 3 ) THE only question which requires to be decided for the purpose of these appeals is whether the amount paid on account of Extra paid Holidays would be Wages within the meaning of the said term under the Employees State Insurance Act 1948 (hereinafter referred to as the Act ). Sec. 73a of the Act relevant for the purpose to decide these appeals may be reproduced as under:73 Employees special contribution:- (1) For so long as the provisions of this Chapter are in force every principal employer shall notwithstanding anything contained in this Act pay to the Corporation a special contribution (hereinafter referred to as the employers special contribution) at the rate specified under sub-sec. (3) (2) x x x x x x x x x (3) The employers special contribution shall consist of such percentage not exceeding five per cent of the total wage bill of the employer as the Central Government may by notification in the Official Gazette specify from time to time. Explanation. Total wage bill in this section means the total wages which have accrued due to employees in a factory or establishment in respect of such wage periods as may be specified for the purposes of this section by Central Government by notification in the Official Gazette. the purpose of these appeals another section which is of importance is sec. 2 (22) of the Act which defines wages. the purpose of these appeals another section which is of importance is sec. 2 (22) of the Act which defines wages. It runs as under: (22)WAGES means all remuneration paid or payable in cash to an employee if the terms of the contract of employment express or implied were fulfilled and includes other additional remuneration if any paid at intervals not exceeding two months but does not include (a) any contribution paid by the employer to any pension fund or provident fund or under this Act; (b) any traveling allowance or the value of any traveling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on discharge. THIS definition was amended by Act 44 of 1966 by which in the above definition after the word includes and before the words other additional remuneration the following words were added and that amendment came into force on 28-1-1968:any payment to an employee in respect of any period of authorised Leave lock out strike which is not illegal or layoff and The amendment is not required to be considered in these appeals inasmuch as the contributions referred to are the period before the amendment came into force. ( 4 ) THE learned advocate Miss Shah appearing on behalf of the appellants submitted that the word wages should be construed in a wide sense and it is not necessary to give any restricted meaning to that word. It was submitted that whatever was paid to the employee for a Paid Holiday was paid to him because he had worked in that particular week for all the remaining days on which the factory or the establishment was working. It was because of the services rendered on all the days that the was paid for Paid Holiday. It may be stated here that under the Factories Act and particularly because of sec. 52 of that Act certain weekly holidays are required to be given and those holidays cannot be adjusted and therefore the factory is required to be kept closed on those days and for those days the workers of the factory are required to be paid because of a contract entered into with the representatives of the employees. Those days are popularly known as Paid Holidays. Those days are popularly known as Paid Holidays. The question which is now posed is whether payments made in regard to those paid holidays could be construed as wages within the meaning of sec. 2 (22) of the Act. If the answer could be yes the employer would be liable to make a special contribution as provided by sec. 73a of the Act. To decide this question it would be fruitful to refer to certain cases. ( 5 ) THE first case which is required to be referred to is Nutan Mills Employees State Insurance Corporation reported in A. I. R. 1956 Bombay at page 336. In that case the question which was required to be decided was as to whether the layoff compensation paid to an employee under sec. 25 of the industrial Disputes Act was or was not the wages as defined in the Employees State Insurance Act 1948 and it was held that the lay off compensation paid to an employee was not wages and therefore the employer was not liable to pay special contribution on such compensation under the provisions of sec. 73a of the Act. His Lordship the Chief Justice Shri Chagla (as he then was) of the Bombay High Court who delivered said judgment in paragraph 7 in regard to the word wages observed as under. IN the first place the definition of wages emphasises the fact that it is remuneration paid or payable to an employee if the terms of the contract of employment express or implied were fulfilled. Therefore it is clear that it is not every payment by the employer which would come within this definition. It must be a payment which should be remuneration and remuneration must mean that it is payment for services rendered or to be rendered by the employee. ( 6 ) ANOTHER case to which reference is required to be made is the case of the ASSISTANT REGIONAL DIRECTOR INCHARGE EMPLOYEES STATE INSURANCE CORPORATION NAGPUR V. THE MODEL MILLS NAGPUR LTD. REPORTED IN 76 BOMBAY LAW REPORTER AT PAGE 779. There the question which was required to be decided was whether the payment made by an employer to his employees towards authorised leave as per the provisions of secs. 79 to 81 of the Factories Act 1948 are or are not wages as defined by the provisions of sec. REPORTED IN 76 BOMBAY LAW REPORTER AT PAGE 779. There the question which was required to be decided was whether the payment made by an employer to his employees towards authorised leave as per the provisions of secs. 79 to 81 of the Factories Act 1948 are or are not wages as defined by the provisions of sec. 2 (22) of the Act before its amendment by Act 44 of 1966. It was held that they were not wages. Consequently it was held that the amounts so paid to the employees for the leave period cannot be considered as wages for the purpose of computation of the employers special contribution under sec. 73a of the Employees State Insurance Act. In regard to the definition of wages in sec. 2 (22) of the Act it was held that it was necessary that three conditions must be satisfied before the payment can be said to be included therein. Firstly it must be a remuneration; secondly such remuneration must be paid or payable in cash to the employee thirdly it must be paid or payable if the terms of the contract of employment express or implied were fulfilled. Now therefore in the ruling under reference the first condition which is mentioned is that the wages must be a remuneration. The Chief Justice Shri Chagla in the first ruling observed that remuneration must mean that it is payment for services rendered or to be rendered by the employee. ( 7 ) THE Supreme Court in a case BALA SUBRAHMANYA RAJARAM V. B. C. PATIL AND OTHERS REPORTED IN A. I. R. 1958 SUPREME COURT AT PAGE 518 in regard to the word remuneration in paragraph (2) of that judgment stated remuneration is only a more formal version of payment and payment is a recompose for service rendered. Now if one looks to the meaning of the word remuneration which is given in Websters Dictionary Second Edition the meaning is given as under : remuneration1. a remunerating; the act of paying an equivalent for services loss or sacrifices. 2 the equivalent given for services loss or sufferings; that which remunerates; reward; pay; recompense; compensation. NOW therefore if these tests are applied it can be stated that the first test is not satisfied. The payment made in regard to the Paid Holiday is payable in cash to the employee. 2 the equivalent given for services loss or sufferings; that which remunerates; reward; pay; recompense; compensation. NOW therefore if these tests are applied it can be stated that the first test is not satisfied. The payment made in regard to the Paid Holiday is payable in cash to the employee. It is paid in terms of the contract of employment express or implied because the employers have agreed with the representatives of the Unions to make this payment. But the first condition that it must be a a remuneration is not satisfied because it is not for the services rendered because on a Paid Holiday no services are rendered. The learned Advocate Miss Shah submitted that sec. 3a of the Act is in Chapter V-A and it is a self contained Chapter and therefore the definition given in sec. 2 (22) of the Act should not be considered for the purpose of sec. 73-A. This cannot be done for the simple reason that Chapter V-A cannot be read in isolation. This Chapter makes the provisions in regard to the contributions for which formerly the provisions were in Chapter IV. Therefore at the time of reading Chapter V-A one has to bear in mind that Chapter V-A will supersede every thing if it is in conflict with Chapter IV but it would not mean that the definition part which is not occurring in Chapter IV is given a gobye. Thereafter it was submitted that in that Explanation to sec. 73-A the word used is total wage bill which is given meaning total wages. Therefore the word wages is qualified by the word total and therefore every other type of wages is required to be included as the word total is used. it may be stated that the word total could not be read in such a way as to include anything in the word wages which is not a wage. In this view of the matter we are not satisfied that definition of sec. 2 (22) is required to be overlooked for the purpose of construing the provisions contained in sec. 73-A of the Act. ( 8 ) OUR attention was drawn to paragraph (20) of the judgment BALA SUBRAHMANYA RAJARAM V. B. C. PATIL AND OTHERS REPORTED IN A. I. R. 1958 SUPREME COURT AT PAGE 518 where it was held that bonus was remuneration. 73-A of the Act. ( 8 ) OUR attention was drawn to paragraph (20) of the judgment BALA SUBRAHMANYA RAJARAM V. B. C. PATIL AND OTHERS REPORTED IN A. I. R. 1958 SUPREME COURT AT PAGE 518 where it was held that bonus was remuneration. It was urged that just as bonus is held as remuneration payment made in respect of a paid holiday must be considered as remuneration. It may be stated that in this ruling the definition of wages given under the Payment of Wages Act was being considered. That apart bonus is calculated on the wages paid for the period for which the employee has worked. It is a sum total of the wages on which certain percentage is considered as bonus. Payment made towards a paid holiday is not percentage on the wages given to an employee for the period in a week for which he has worked. It has no relation whatsoever with the wages which the employee had earned during a particular week. Different employees may have worked for different number of days in a week and the payment for a Paid Holiday is not percentage on that total wages but the payment is required to be made in regard to a Paid Holiday because of a contract and therefore any payment made towards a Paid Holiday cannot be considered as an analoguous to bonus and therefore it cannot be considered as wages within the meaning of sec. 2 (72) of the Act. ( 9 ) A reference also may be made to a case M/s. BRAITHWAITE AND CO. (INDIA) LTD. V. THE EMPLOYEES STATE INSURANCE CORPORATION REPORTED IN A. I. R. 1968 SUPREME COURT AT PAGE 413. It was a case where Inam Scheme was introduced. The Company decided to make the payment of Inam which was outside the original terms of contract of employment of the employee of the Company. In those terms there was no offer of any reward or prize to be paid for any work done by the employees. The employees were expected to work for certain periods at agreed rates of wages. The only offer under the Scheme was to make incentive payments if certain specified conditions were fulfilled by the employees. The Company however reserved the right to withdraw the scheme altogether without assigning any reason or to revise its conditions at its sole discretion. The employees were expected to work for certain periods at agreed rates of wages. The only offer under the Scheme was to make incentive payments if certain specified conditions were fulfilled by the employees. The Company however reserved the right to withdraw the scheme altogether without assigning any reason or to revise its conditions at its sole discretion. The payment of the Inam was dependent upon the employees exceeding the target of output appropriately applicable to them. It was held that the payment of Inam though remuneration could not be said to have become a term of the contract of employment within the meaning of the definition of wages as given in sec. 2 (22 ). Inam therefore in that case though could have been considered as remuneration it was found that it was outside the terms of the contract. ( 10 ) HAVING anxiously considered the matter it is required to be stated that the conditions specified in the case of NUTAN MILLS V. EMPLOYEES STATE INSURANCE CORPORATION referred to above are required to be fulfilled for the purpose of the definition of the word wages. The ruling of the Bombay High Court of the year 1956 referred to above is precedence which this Court is bound to follow. In paragraph 7 of that judgment it is clearly held that remuneration must mean that it is payment for services rendered or to be rendered by the employee. On a paid holiday the employee cannot render any services employer as well cannot take any services from the employee on a paid holiday. Paid holiday is a holiday which could not be substituted for another holiday and under the terms of the contract the parties agree that on that day no services would be rendered and no services would be taken and yet payment would be made. That payment in view of the ruling reported in NUTAN MILLS V. EMPLOYEES STATE INSURANCE CORPORATION cannot be considered remuneration because it is a payment not for services rendered or to be rendered by the employee. In this view of the matter the payment towards paid holiday cannot be considered wages within the meaning of sec. 2 (22) of the Act and Therefore one cannot force the employers to make contribution towards those payments under sec. 73-A of the Act. In this view of the matter the appeals are required to be dismissed. In this view of the matter the payment towards paid holiday cannot be considered wages within the meaning of sec. 2 (22) of the Act and Therefore one cannot force the employers to make contribution towards those payments under sec. 73-A of the Act. In this view of the matter the appeals are required to be dismissed. ( 11 ) IN the result the appeals fail and are dismissed with no order as to costs. .