Court : Mumbai
Reported in : (1968)IILLJ552Bom
..... 32 of the bonus act which speaks of 'employees employed by any establishment in public sector, save as otherwise provided under this act' does not come to the help of the board. 11. ..... what that section requires is that the state government should hold capital which is not less than 40 per cent in the corporation concerned in which case alone the corporation becomes an 'establishment, in the public sector. ..... so far as the dispute relating to bonus for the year 1964-65 is concerned, it is undisputed that the case is governed by the payment of bonus act, 1965. ..... another section which is relevant so far as establishments in the public sector are concerned is s. ..... 32 of the bonus act, which relates to certain classes of employees to whom the act is no applicable. ..... section 2 of the bonus act is a defining section. ..... section 5 of the electricity (supply) act empowers the state government to constitute a state electricity board but that does not necessarily mean that the board is an establishment in the public sector power to constitute a board is one thing and the nature and complexion of the board is another. ..... section 10a gives authority to the state government to declare certain transactions void and states that the decision of the state government in that behalf shall be final. ..... section 5 of the electricity (supply) act provides that the state government shall, as soon as may be after the issue of the notification under sub-section (4) of s. .....
Tag this Judgment!Court : Karnataka
Reported in : (1967)IILLJ888Kant
..... hence it follows that ordinarily a public sector establishment is not covered by the payment of bonus act unless in certain particular circumstances referred to under s. ..... not dispute that, in the years 1964-65 and 1965-66, the payment of bonus act was in force, but the contention put forward by the learned counsel for party 1 is that the act does not apply to the public sector undertakings and admittedly the indian telephone industries, ltd. ..... , 'if not' mean not only with regard to the quantum of bonus but also if they are not entitled to bonus under the payment of bonus act, 1965, and the tribunal is called upon to decide the amount of profit-sharing bonus the workmen are entitled to and that decision can only be based on the law relating to bonus other than the payment of bonus act. ..... 14 of the constitution, and if so, does it apply to this case (2) whether the payment of bonus act does not affect the pre-existing rights of employees to claim profit-sharing bonus in establishments exempted from the operation of the payment of bonus act (3) whether the labor appellate tribunal formula is applicable to this case and if so, whether it is outside the terms of reference ?' ..... of the act states that save as otherwise provided in this section, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of service made before may 29, 1965. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1893; [1995(71)FLR102]; (1995)2GLR1550; JT1995(4)SC264; 1995LabIC2207; (1995)IILLJ790SC; 1995(3)SCALE498; (1995)5SCC27; [1995]Supp1SCR173; (1996)1UPLBEC359
..... section 1(3) of the payment of bonus act, 1965, the establishment in the first appeal was excluded from the application of that act whereas by reason of exemption under section 32(x), the establishment in the other appeal stood exempted from the operation of the said act ..... establishment employed less than 20 employees and it was not a factory; in the other appeal, the establishment was in the public sector ..... we cannot help expressing our dismay over the fact that even the undertakings in the public sector have been indulging in unfair labour practice by engaging contract labour when workmen can be employed directly even according to the test laid down by section 10(2) of the act. ..... the bill, the provision and maintenance of certain basic welfare amenities for contract labour, like drinking water and first-aid facilities, and in certain cases rest-rooms and canteens, have been made ..... of contract labour by the state and by all public sector undertakings which was not possible since that would be nothing but the exercise of legislative activity with which function the court is not entrusted by the constitution, while holding thus, the court however, directed the central government to consider whether the employment of contract labour should not be prohibited under section 10 of the act in any process, operation or other work of the ..... contractors for different purposes like construction and maintenance of roads and buildings within plant premises, public health, horticulture, water supply etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom124; (1971)73BOMLR260; [1971(22)FLR268]; ILR1971Bom910; 1971LabIC429; 1971MhLJ69
..... after referring to section 22 of the payment of bonus act the authority went on to say 'the disputes contemplated in this section which can be referred for adjudication for industrial tribunal are of two kinds: (1) regarding quantum of bonus which will be more than 4% but upto 20% of the total earnings, and (2) applicability of the payment of bonus act to certain establishment in the public sector. ..... ' it was the case of the employers before the payment of wages authority that the applicants in both the cases were employed in an establishment engaged in an industry carried on by or under the authority of a department of the central government and therefore nothing contained in the act would apply to such employees having regard to section 32 of the payment of bonus act. ..... in this case the authority said 'section 22 refers to the application of the act only in connection with establishments in public sector. ..... in the indu mills case the notification dated 29th november 1965 recites in the preamble that the central government was of the opinion that the indu mills an industrial undertaking was 'being managed in a manner highly detrimental to public interest' and therefore action was being taken. ..... in the present case so far as the indu mills are concerned, they have specifically stated that in the year 1965 they incurred a loss of rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1973)ILLJ46AP
..... , in the aforesaid case are equally applicable to the facts of the present case in the sense that no distinction could be maintained between the employees of an establishment in a public sector and an establishment in a private sector, so far as the payment of bonus under the act in question is concerned.38. ..... the act, in question, is entitled the payment of bonus act, 1965; it is enacted, as we have already noticed, with a view to providing for the payment of bonus to persons employed in certain establishments. ..... 'establishment in private sector' is defined under sub-section (15) of section 2 of the act to mean 'any establishment other than an establishment in public sector', and the expression establishment in public sector is defined under sub-section (16) of the aforesaid section to mean 'an establishment owned, controlled or managed by-(a) a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (b) a corporation in which not less than forty per cent of its capital is held (whether singly or taken together) by-(i) the government; or (ii) the reserve bank of india ; or (iii) a corporation owned by the government or the reserve .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC530; (1969)ILLJ719SC; [1969]1SCR366
..... 1721 of 1967, the appellant company is admittedly an establishment in public sector to which section 20 of the payment of bonus act, 21 of 1965 (hereinafter referred to as the act) does not apply. ..... section 20 deals with certain establishments in public sector to which the act is made applicable in certain events. ..... it will be noticed that section 22 provides that where a dispute arises between an employer and his employees (1) with respect to the bonus payable under the act, or (2) with respect to the application of the act, such a dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947 or any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act and such law, as toe case may be, shall, save as otherwise expressly provided ..... , at the rate of 4 per cent minimum and 20 per cent maximum, but in the latter case the act would not apply and though his establishment is a smaller one, on the basis of the full bench formula there would be a possibility of his having to pay bonus at a higher rate than 20 per cent, depending upon the quantum of profit made in that particular accounting year.16. ..... a dispute between an employer and an employee, therefore, may not fall under the industrial disputes act and in such a case the act would not apply and its machinery for investigation and settlement would not be available. .....
Tag this Judgment!Court : Chennai
Reported in : (2000)ILLJ1234Mad
..... as per section 22 of the bonus act, where a dispute arises between an employer and his employees with respect to the bonus payable under the act or with respect to the application of the act to an establishment in public sector, then such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947 (hereinafter referred to as the i.d. ..... as bonus as per the provisions of the payment of bonus act, 1965 as in force on the date of this agreement.2. ..... , whichever is higher; section 11 prescribes the payment of maximum bonus, which shall be 20% of salary or wages; section 12 provides for the calculation of bonus with respect to certain employees; section 13 deals with the proportionate reduction in bonus in certain cases; section 14 deals with the computation of number of working days; section 15 deals with the set on and set off of allocable surplus; section 17 deals with adjustment of customary or interim bonus payable under the act; section 18 deals with the deduction of certain amounts from bonus payable under the act and section 19 prescribes the time-limit for payment of bonus.5. ..... the above writ petition relates to the payment of bonus for the accounting year 1984 by the petitioner-management to the 2nd respondent employees' union, working under the petitioner- management, as per the provisions of the payment of bonus act, 1965 (hereinafter referred to as the 'bonus act').3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom340; 1986(3)BomCR106; (1985)87BOMLR387
..... employees with respect to the bonus payable under this act or with respect to the application of this act to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947, or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act or, as the case may be, such law, shall, save as otherwise expressly provided,apply accordingly.34a(old 34) :subject to the provisions of sections 31a and 34, the ..... to 17 to the appeal) applied under section 33-c(2) of the industrial disputes act, 1947 (id act) for computation of claims for minimum bonus payable under section 10 of the payment of bonus act, 1965 ('bonus act'). ..... section 21 no doubt provides for recovery of bonus under certain circumstances by making application to the appropriate government, but even that mode of recovery is 'without prejudice to any other mode of ..... newly set up establishments unless they earn profits are for certain period exempted from the ..... enquiry and on certain disputed positions, the labour court nagpur held that (i) employees worked for requisite number of days during the relevant period, (ii) the establishment was not newly set up and merely management had changed and hence there was no exemption and profit making in view of (sic) explanation to section 16 was an irrelevant factor and (iii) application under section 33c(2) was maintainable .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2037; 1988(2)KarLJ136
..... this second category is confined to the questionof applicability of the act to an establishment in a public sector.question as to the applicability of the act to an establishment in anyof the sectors, thus, by clear implication, does not fall under thefirst category of disputes. ..... in the case of a newlyset up establishment, payment of bonus is governed by section 16,section 20 provides as to when the act applies to establishments inthe public sector. ..... where any dispute a rises between an employer andhis employees with respect to the bonus payable under this act or withrespect to the application of this act to an establishment in publicsector, then, such dispute shall be deemed to an industrial disputewithin the meaning of the industrial disputes act, 1947, or of artycorresponding law relating to investigation and settlement ofindustrial disputes in force in a state and the provisions of that actor, as the case may be, such law, shall, save as otherwise expresslyprovided, apply accordingly.'7. ..... for the enforcement of these rights, anemployee can certainly file an application under section 33-c(2) ofthe industrial disputes act before a labour court, and the labourcourt is competent to compute the amount due to the employee in thisbehalf. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3622; 102(2006)CLT374(SC); [2006(110)FLR543]; [2007(1)JCR246(SC)]; JT2006(6)SC97; (2006)IIILLJ18SC; 2006(6)SCALE533; (2006)5SCC469
..... questions of fact were involved, the writ petition should not have been entertained.in response, learned counsel for the writ petitioners-respondents submitted that in view of the established factual position, the high court was justified in entertaining the writ petition and deciding in favour of the writ petitioners.sections 20, 22 and 32(v)(c) read as follows:section 20: application of act to establishments in public sector in certain cases:(1). ..... employees employed by any establishment in public sector.section 22 : reference of disputes under the act where any dispute arises between an employer and his employees with respect to the bonus payable under this act or with respect to the application of this act to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947, or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act or, as the case may be, such law ..... , 1982 a question arose regarding demand of payment of bonus under the payment of bonus act, 1965 (in short the 'act') to the employees of the appellant, and it approached the commissioner of labour, inter alia, stating that the (a) regular production of the factory was handed over to the state government by the care organisation (b) that the factory is a non-commercial venture and (c) that, therefore, it falls outside the ambit of the act. .....
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