( 1 ) THE question which arises for determination in this petition filed under Article 226 of the Constitution of India is whether an ad hoc payment made to employees by an employer in pursuance of a settlement arrived at between the employer and the union representing the employees is "basic wages" within the meaning and for the purposes of the Employees Provident Funds and Family Pension Funds Act, 1952, hereinafter referred to as the Act.

( 2 ) THE facts leading to the filing of the petition under Article 226 of the Constitution are these. The petitioner is an employer and its employees, as represented by the Petroleum Workers Union, respondent No. 2, are covered by the provisions of the Act. Respondent No. 1. is the Regional Provident Fund Commissioner, Delhi, and the Union of India is respondent No. 3. Disputes were raised by respondent No. 2, which were referred for conciliation to the Conciliation Officer, Delhi, as contemplated by the Industrial Disputes Act, 1947. A settlement was arrived at between the employer and the employees and the Memorandum of settlement postulated by Section 12 (3) of the Industrial Disputes Act read with Rule 58 of the Rules f