SRI RAMNARAYAN MILLS LTD Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL MINISTRY OF LABOUR AND EMPLOYMENT

JUDGEMENT

(1.) THE petitioner is a Textile Mil and has come forward to challenge the order dated 29.12.2010 passed by the first respondent - Appellate Tribunal in A.T.A.No.338/13/2007.

(2.) IN the writ petition, notice of motion was ordered on 21.01.2011. Pending the notice of motion, an order of interim stay was granted for a limited period. On notice from this Court, the second respondent has filed a counter affidavit dated 19.04.2011.

(3.) THE contention raised by the petitioner was two-fold. THE certified standing orders of the establishment provides for engagement of apprentices and they are excluded from the application of the Act. Secondly, payment of bonus as referred to by the Tribunal, is not a profit sharing bonus and they are only entitled to other bonuses, such as attendance bonus, incentive etc.