legislate in respect of bonus to be
paid to industrial employees. By enacting the Payment of
Bonus Act , the Parliament has not
27
attempted ... operation of
the Act, s. 33 which seeks to apply the Act to certain
pending disputes regarding payment of bonus
during any accounting
year Puja Bonus, or other customary bonus or a part of the
bonus payable under the Act before the due date ... paid bonus or
other customary bonus to an employee; or
(b) an employer has paid a part of the bonus
payable under this Act
Act provides for a time-limit for payment of bonus under the said Bonus Act . It reads as follows :
"19. Ail amounts payable ... regards the payment of bonus, the bonus has to be paid is accordance with the provisions of the Bonus Act . The liability
assessee under the provisions of section 15 of the Payment of Bonus Act, 1965 (hereinafter referred to as "the Bonus Act "). This ... setting apart of a certain amount under section 15 of the Bonus Act is a statutory duty imposed on an employer and the carrying
said Act was increased. When the statutory minimum bonus, under the Payment of Bonus Act , was raised from 4% to 8.33%, the petitioner increased ... petitioner corporation, for payment of bonus, more than the statutory minimum bonus, as prescribed under the Payment of Bonus Act, 1965 and would be beyond
from the bonus and it reiterated that the quantum of bonus should be fixed in accordance with the payment of Bonus Act, 1965 and that ... additional amount to the workers apart from the bonus, under the Payment of Bonus Act . In this case, the Government after referring the matter
that would have been payable as bonus during the accounting year in terms of the Payment of Bonus Act, 1965 , and to restrict the allowance ... terms refers to puja bonus and other customary bonus as available for deduction from the bonus payable under the Act. It is, therefore, clear that
Hyderabad
is not entitled to any bonus at all under the
provisions of the Payment of Bonus Act .
My answer to item ... purpose of
computation of bonus."
Section 8 dealing with the eligibility for bonus is as
follows
Eligibility for bonus
8. "Every employee shall
liabilities of the parties regarding
profit bonus are governed by the provisions of the payment
of Bonus Act, 1965 which are exhaustive on the subject ... Permanent and probationers. Rest of
workmen will be paid bonus under the
Payment of Bonus Act ."
188
Although the said settlement was an agreement
operation of the Act, Section 33 , which seeks to apply the Act to certain pending disputes regarding payment of bonus and Sub-section ... specific provision is made for the payment of bonus under the Payment of Bonus Act ."
This Judgment of the Bombay High Court was challenged
