-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1092 OF 1995 The Municipal Corporation of Greater Bombay : Petitioner V/s. Subhash M. Shah & Anr. : Respondents ... Mr.S.K.Talsania with Mr.Sunil Chavan i/b. M/s.M.V.Kini & Co., for the petitioner. Mrs.Neeta Karnik for respondent no.1. ... CORAM : S.A. BOBDE, J. DATE : JANUARY 21, 2009. P.C. 1. The petitioner has challenged the order of the Small Causes Court at Mumbai directing the petitioner to pay a sum of Rs.2,473.65 and Rs.100/- by way of compensation. According to the learned Judge of the Small Causes Court, the petitioner-employer was not entitled to deduct the said amount from the leave wages received by the respondent no.1 for the period when he was hospitalised for his medical treatment. Admittedly, the E.S.I. Corporation paid to the respondent no.1 a sum of Rs.2,050/- under Scheme Regulation No.97 as a benefit and not the salary of the respondent no.1. This being so, it is clear that the learned Judge, Small Causes Court, is -: 2 :- wrong since the employer has a right to deduct from leave salary of the employee the amount of benefit which he may have received under the Employees’ State Insurance Act, 1948. The proviso to section 97 of the Act reads as follows:- Provided that where an employee avails himself of any leave from the employer for sickness, maternity or temporary disablement, the employer shall be entitled to deduct from the leave salary of the employee the amount of benefit to which he may be entitled under the Act for the corresponding period." 2. In this view of the matter, the impugned order is set aside. Rule is made absolute in the aforesaid terms. S.A. BOBDE, J.