K.B.N. Singh, C.J.

1. This appeal by the Employees State Insurance Corporation has been filed against an adverse order of the Employees, State Insurance Court.

2. The respondent, a joint stock company; filed an application under Sections 75 and 77 of the Employees' State Insurance Act XXXIV of 1948 (hereinafter referred to as the Act), alleging that on 11th April, 1972, a settlement was entered into between the respondent and its workmen under which an Incentive Scheme was introduced for payment of incentive earnings to the workmen depending upon the increased production. The scheme also provided for payment of ad hoc allowance. In the settlement it has been further agreed that the above said two categories of payment will not be reckoned for purposes of provident fund, bonus, gratuity, Employees' State Insurance contribution, etc. In had been further agreed that the other conditions governing the incentive payment will be published separately. Following the same, the said scheme was published on 14th April, 1972, Clause (g) of the said scheme was to the effect that the Management reserves its right to amend or suspend or withdraw the scheme altogether at its discretion. On t