BHARAT TIMBER CONSTRUCTION CO Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) The decision in this petition under Art.226 of the Constitution turns on the meaning to be given to S.32(vii) (a) and (b) of the Payment of Bonus Act, 1965, shortly called the Act. Before we go to the facts, it is relevant to set out the section: -

(2.) The petitioner firm styled as Bharat Timber Construction Co.. is a raising Contractor for several mines in Bellary District. As such raising contractor, the firm employs a number of employees. The employees out of goodwill have entered into agreements with the petitianer-firm. apparently under S.34(3) of the Act. S.34(3) provides :

(3.) The Regional Labour Commissioner who is the first respondent before us found fault with the petitioner for not maintaining the registers as required by S.26 and Rule 4 of the Rules framed thereunder. Rule 4 provides: