BONUS ACT - 2010

Entitlement of payment of bonus can be examined by the authority in terms of mechanism provided u/s. 22 of the Bonus Act.
Subhash Chand & Ors. vs. Rajasthan Rajya Sahkari Tilhan Utpadak Sangh Ltd. CLR III 2009 P. 956 (Raj. HC)

A daily rated workman is entitled to get bonus.
Sumitra Devi vs. H.P.S.E.B. & Ors. LLJ I 2010 P. 199 (HP HC)

Bonus payment justified to workers when employer was unable to prove otherwise.
Shree Gajanana Industries, Goa vs. Workmen, represented by Mine Workers Union, Vasco-Da-Gama and Another. 2010 LLR 344 (Bom. HC)

Bonus is not payable on subsistence allowance.
Deccan Merchants Co-operative Bank vs. Avdhot Marutirao Rane & Anr. LLN I 2010 P. 160 (Bom. HC)

When payment of bonus Act is not applicable to Prasar Bharti, application for 8.33% bonus under section 33C(2) of ID Act not maintainable.
Management, Broadcasting Corporation of India, Chennai vs. Presiding Officer, Central Government Labour Court, Chennai & Anr. 2010 LLR 547 (Madras HC)

Workers dismissed for riotous behaviour will not be entitled for bonus under the Act not only for the year in which misconduct was committed but also for the other years. Disqualification under sec. 9(b) of the Bonus Act is complete. his services regularized under the principal employer.
Tumkur Poura Karmikara Sangha (Regd.) vs. Municipal Council, Tumkur & Anr. LLJ IV 2009 P. 709 (Karn. HC)

No regularization of workman where neither employeremployee relation existed nor job nature was permanent.
Employees in Relation to Management of 'D' Ropeways, of M/s Bharat Coking Coal Ltd., Bhulan Bararee Camp, Dhanbad vs. Workmen. 2010 (124) FLR 176 (Jharkhand HC)

Even if contract labour system is not prohibited by Govt., management should explore the possibility of retaining existing workers under new contractor.
Sheikh Zahengir Ali and Others vs. Union of India and Others. 2010 (124) FLR 636 (Cal. HC)

No regularization or absorption of casual labours working for long time.
Indian Oil Corporation Ltd. vs. General Secretary, Vadodara Kamdar Union. 2010 LLR 366 (Guj. HC)

Prosecution for violation of certain rules of Contract Labour Act against chairman and chief executive of Jet Air Ways will not be maintainable being not responsible in any way for the conduct of the business of the establishment in which the alleged violation of law was said to have been committed.
Mr. Naresh Goel vs. State rep by Labour Enforcement Officer & Anr. 2010 LLR 522 (Karn. HC)

It is not for the Govt. to decide whether the contract between principal employer and contractor is sham or genuine but to be adjudicated by Labour Court only.
Coimbatore Cement Workers' Unions vs. Management of A.C.C. Ltd. & Ors. 2010 LLR 478 (Madras HC)

Air India, having an agreement with Hotel Corporation of India to run Chef and canteen for the employees, cannot be the employer of canteen employees.
Air India Ltd. vs. Rakesh Kumar & Ors. 2010 LLR 669 (Del.HC)

High Court can’t direct Govt. to abolish contract labour system as prevailing in the industry.
The Workmen of M/s NTTF Workers Union (Regd) (rep. by its President) vs. The State of Karnataka, Rep. by its Secretary, Department of Labour and Others. 2010 LLR 770 (Karnataka

Providing shoes, uniform, medical facility, depositing PF & ESI by principal employer for contractor workers as statutory compliance will not create direct relationship between principal employer and contract workers.
V.G. Textiles (Private) Ltd. vs. Assistant Commissioner of Labour and Another. 2010 LLR 1103 (Madras HC)
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