Where for any account year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount ... succeeding accounting year, there is no available surplus, or allocable surplus, or the allocable surplus falls short of the minimum bonus, the amount so carried
amount of payable by an employer to ever employee from VI allocable surplus in respect of the accounting year, in the lowing words ... other provisions of this Act. where an employer has any allocable surplus in any accounting year, then he shall be bound to pay to every
accounting year whether or not the employer had any available surplus or allocable surplus. Thus, even in cases where an industrial establishment is running ... petitioner corporation was such as to provide for available surplus/allocable surplus under Section 5 read with Section 2(4) of the Payment of Bonus
establishment, and also on the additional ground that there is no allocable surplus. The matter is pending adjudication before the 3rd respondent herein ... together with the scheme of stay of and stay on of allocable surpluses ( Section 15 ). We shall have occasion to comment upon this part
under Section 10 of the Act, if any establishment's allocable surplus exceeds the amount of maximum in a particular accounting year, every eligible
rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year. Section 11 deals with payment of maximum bonus ... cent of the salary or wage of the employee depending upon allocable surplus in that accounting year. Section 19 of the Act mandates that
deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting ... deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh
industry to pay minimum bonus to its workmen irrespective of the allocable surplus, Anand Oil Industries v. Labour Court, . In view of the decision ... payment of minimum bonus has nothing to-do with profits or allocable surplus of the respondent-industry.
15. It is not in dispute that
hundred, whichever is higher, whether or not the employer has any allocable surplus in the accounting year......However, under Section
