Judgement

BHARGAVA, J. :- The appellant, M/s. Braithwaite and Co., (India) Ltd., (hereinafter referred to as "the Company") filed an application before the Employees Insurance Court for a declaration that Inam paid or to be paid to its workmen under the Inam Scheme initiated on 28th December, 1955 is not "wages" as defined in the Employees State Insurance Act, 1948 (No. 34 of 1948) (hereinafter referred to as "the Act"), and that no contribution, either as employer s special contribution or employees contribution, is payable by the Company in respect thereof. The opposite party in this application was the present respondent, the Employees State Insurance Corporation, and there was also a prayer for perpetual injunction restraining the respondent from realising any contribution in respect of past or future payments of Inam under that Scheme. A further prayer was for a decree for Rs. 32,761 against the respondent, being the amount which the respondent had already realised from the appellant claiming that the Inam was "wages" and for costs The case was contested by the respondent, but the Employees Insurance Court allowed the application of the appellant, passed a decree with c