H P STATE ELECTRICITY BOARD Vs. RANJEET SINGH

JUDGEMENT

(1.) These appeals involve an identical question and therefore are disposed of by a common judgment.

(2.) The Himachal Pradesh High Court disposed of several writ petitions by a common judgment dated 30-12-1998. The primary issue was whether a petition in terms of Section 33-C (2) of the Industrial Disputes Act, 1947 (in short the Act) is maintainable and whether daily wager can claim minimum bonus under the Payment of Bonus Act, 1965 (in short the Bonus Act).

(3.) Factual position is almost undisputed and needs to be noted in brief : The respondents were employed on daily wages basis. The Labour Court by order dated 6-7-1991 held that the respective applicants were entitled to be paid minimum statutory bonus within the stipulated time. The decision was rendered on a reference made. Primary stand before the High Court was that daily wagers cannot get bonus. Additionally, the Labour Court has no jurisdiction to adjudicate such a matter. The High Court held that since there was a statutory obligation to pay minimum bonus the application under Section 33-C(2) of the Act was maintainable.