EMPLOYEES STATE INSURANCE COPORATION Vs. BENGL POTTERIES LTD

JUDGEMENT

(1.) THIS appeal seeks to challenge a judgment and order, dated 16/2/1973, reported in 1975-II l. L. N. 175 passed by the Court of first instance making the rule nisi absolute and directing the issue of a writ in the nature of mandamus prohibiting the appellants before us from demanding any contribution from the respondent in respect of payment made under the quality incentive scheme mentioned in the petition.

(2.) IN the Court of first instance the respondent in the appeal-Bengal Potteries, ltd. , was the petitioner. The respondent in the appeal was at all material times and still is an existing company and carries on business in the manufacture and sale of different kinds of pottery. For the said purpose, it has its factory at No. 45, Tangra Road in Calcutta and employs workmen in the said business.

(3.) A settlement was arrived at on 1/8/1966. before a Conciliation Officer between the respondent-company and its workmen represented by the Bengal Potteries employees' Union and the Bengal Potteries mazdoor Union. Clause (7) of the said settlement is relevant for the purpose of this appeal. The said settlement is annexure A to the petition and appears at pages 13 to 19 of the Paper Book. Clause (7) of the said settlement appearing at page 16 of the Paper book reads as follows :