other provisions of this Act, where an employer has any allocable surplus in any accounting year, he shall be bound to pay to every employee ... hundred rupees whichever is higher, or in a case where the allocable surplus exceeds the said amount of minimum bonus payable to the employees
whichever is higher. Section 11 provides that where the allocable surplus computed in the manner given in that Act exceeds the minimum bonus, the employer ... subsequent accounting year, there is no available surplus or the allocable surplus falls short of the minimum bonus payable to the employees, then the amount
circumstances of the case, as there was no full allocable surplus during the year as per the provisions of the Payment of Bonus ... that surplus was eligible for payment of bonus. In the absence of full allocable surplus, he allowed the payment of bonus as deduction
that, for the assessment year under consideration, the assessee-company had allocable surplus of Rs. 3,35,766 within the meaning of the Payment
three respondents-unions representing its employees. The available surplus and allocable surplus, according to this computation, were Rs. 49.96 lakhs and Rs. 29.28 lakhs, respectively
this year, the assessee had incurred losses and, as such, no allocable surplus was available to the assessee. In view of this, the payment
admitted case of the assessee that it had no allocable surplus and, therefore, no bonus
could be paid under the provisions of the Payment ... customary bonus. Further, the assessee's profits left no allocable surplus thereby postulating that the assessee's profit
more than 20 per cent. provided there was sufficient allocable surplus. It was also found by the Tribunal that the second proviso to Sub-section
liability for gratuity could be a revenue deduction in computing the allocable surplus for the purpose of payment of bonus. As a matter of fact
