MIR DARA SHEKO, J. - (1.) The appeals being A.P.O. 465 of 2015 and A.P.O. 466 of 2015 have been preferred by the appellants Employees State Insurance Corporation (hereinafter called as ESI Corporation) who were respondents in the writ preferred by Kesoram Industries Limited against the Employees' State Insurance Corporation and two others. The appellants are aggrieved by the composite judgment delivered by the Writ Court on 31st August, 2015 allowing the writ petition no. 1992 of 1995 and Writ Petition no. 1657 of 2003 prayers of which are quoted respectively:- (i) Prayers in W.P. No. 1992 of 1995 :- (a) A Writ of and/or in the nature of Mandamus and/or appropriate direction do issue commanding the respondents nos. 1 to 3 and each of them, their servants, agents and/or assigns to forthwith withdraw, revoke, cancel and/or rescind the impugned direction and/or clarification as contained in the notice dated September 5/6, 1995 being Annexure "K" hereof and to refrain from taking any steps in terms thereof or pursuant thereto and to act in accordance with law; (b) A Writ of and/or in the nature of Certiorari and/or appropriate direction do issue calling upon the respondents to certify and send to this Hon'ble Court all records relating to the order dated September 5/6, 1995 being Annexure "K" hereof so that the same be quashed and conscionable justice rendered; (c) Appropriate orders and/or directions do issue for the production of all relevant records and for the protection of all the rights of the petitioners and for granting the petitioners such further reliefs as in the circumstances shall be just; (d) A Writ of and/or order in the nature of prohibition prohibiting the respondents and each of them, their servants, agents and/or assigns from giving further effect to or from taking any step pursuant to or in furtherance of the directives and/or clarifications contained in the letter dated September 5/6, 1995; (e) Rule Nisi in terms of prayers above. (f) Injunction restraining the respondents and each of them, their men, servants, agents and/or assigns or otherwise howsoever from giving any effect or further effect or acting in terms of or pursuant to the directives and/or clarifications as contained in the notice dated September 5/6, 1995 or from initiating any recovery proceedings under the ESI Act in pursuance of the directives and/or clarifications contained in the notice dated September 5/6, 1995 being Annexure "K" hereof. (g) Stay of the operation of and further action on the notice dated September 5/6, 1995 till the disposal of the Writ Petition. (h) Ad-interim order in terms of prayers (f) and (g) above. (i) Suitable orders as to costs of and incidental to this application be made. (j) Such further or other order or orders be made and/or direction or directions given as to this Hon'ble Court may seem fit and proper. (ii) Prayers in W.P. No. 1657 of 2003 set out:- (i) A Writ of or in the nature of mandamus and/or appropriate directions do issue commanding and directing the respondents and each of them their servants, agents and/or assigns to forthwith revoke, rescind and/or cancel the impugned order dated 8th August, 2003 being annexure 'P-18' to the petitioner and to refrain from taking any steps in terms thereof or pursuant thereto and to act in accordance with law. (ii) Writ of or in the nature of certiorari and/or appropriate directions do issue calling upon the respondents to certify and transmit to this Hon'ble Court all records culmination in the order dated 8th August, 2003 being annexure 'P-18' hereof so that the same may be quashed and conscionable justice rendered. (iii) Appropriate order and/or orders be issued and/or direction be given for the production of all relevant records for the protection of all the rights of the petitioners and for granting the petitioners such further relief as in the circumstances shall be passed. (iv) A Writ of or in the nature of prohibition prohibiting the respondents and each of them, their servants, agents and/or assigns from giving any effect to or taking any further steps pursuant to the purported order dated 8th August, 2003 being annexure 'P-18' hereof. (v) Rule Nisi in terms of prayers above. (vi) Injunction restraining the respondents and each of them, their men, servants, agents and/or assigns or otherwise howsoever from giving any effect or further effect or acting in terms of or pursuant to the impugned order dated 8th August, 2003 passed in purported exercise of powers under Section 45-A of the Employees State Insurance Act. 1948. (vii) Stay of operation of and further action on the order dated 8th August, 2003 being Annexure 'P-18 hereof till the disposal of the writ petition and/or alternatively till the disposal of the restoration application in appeal no. 152 of 1996 pending before Their Lordships the Hon'ble Justice Mr. P.N. Sinha. (viii) Ad interim order in terms of prayers (vii) and (vii). (ix) Suitable orders as to the cost be made. (x) Such further order and/or orders be made and/or orders be made and/or direction be given as this Hon'ble Court may deem fit and proper.
(2.) The appellants have assailed the impugned judgment as a wrongful exercise of discretion without applying judicial mind and as an outcome of error of law yielded manifest injustice on the grounds as mentioned in the memorandum of appeal.
(3.) Therefore the moot points for decision in the appeal are:- (a) Whether the writ court arrived at the correct decision that "Milk Allowance" would not be counted as part of wage of the working employees or, the settlement of September, 1988 would be binding upon the parties? (b) Whether working on paid holidays by such employee(s) having been remunerated not exceeding L 3,000/- per month, can be remunerated by providing composite wages as overtime? (c) Whether the impugned judgment can be sustained both in fact and law? ;