R.P.Khosla, J.

1. This petition is under Article 226 of the Constitution of India praying for a writ in the nature of mandamus prohibiting the respondents from recovering the amount of Rs. 16,185/- in respect of a recovery certificate granted by the Labour Commissioner, respondent No. 2.

2. The facts giving rise to the present petition briefly stated are that the petitioner, a motor transport private limited company (hereafter to be referred as Company) plied buses from Muktsar on several routes. It appears that on a dispute arising between the employer transport company and its workmen on 9-6-1955, a settlement under Section 12 (3) of the Industrial Disputes Act between the company and the workmen had been arrived at and to view of item No. 10 of the settlement, which is in the following terms--

"10. The management agrees to fix headquarters of the workers and to pay night allowance as per award of the Industrial Tribunal in Kartar Bus, Jullundur, if the worker is required to remain out of headquarters" (Annexure R/1). though the headquarters, as contemplated had not yet been fixed the workers lodged a claim before the Labour Commissioner in respect thereof und obtained a