( 1 ) THE question that arises for consideration in CM A. No. 94/75 is whether incentive bonus paid by the Company constitutes wages within the meaning of S. 2 (22) of the Employees State Insurance Act. " in Regl. Director ESI. C. Vs. M/s. Vazir Sultari] Bench of this court to which one of us was a party took the view that remuneration takes in only all payments paid or payable every month as per the terms of the contract irrespective of the work done, such as wages, daily allowance, house rent allowance etc. But contingent payments like bonus for increase of production of profit bonus will not. . . . . . . . . . . . . . . . . . . . . come within this definition". In this view the court held that the comprehensive annual bonus paid or payable to the employees as per the terms of Ex.

( 2 ) 2 which is a document of settlement relating to the terms and conditions of service for the year 1970 was not wages within the meaning of S. 2 (22) of the Act. The court purported to arrive at this conclusion having regard to the view expressed in Braithwaite andco. V Employees state Insurance Corporation] In a later judgment dated 13-4-76 another bench of this Court in CM