KATTABOMMAN TRANSPORT CORPORATION LIMITED, REP.ITS MANAGING DIRECTOR, TIRUNELVELI Vs. THE LABOUR COURT, TIRUNELVELI AND SUBRAMANIAN

JUDGEMENT

(1.) THE writ petition is filed for issue of writ of certiorari to call for the records of the first respondent in C.P.No.367 of 1992 dated 9.7.1994.

(2.) THE second respondent was employed as Conductor in the writ petitioner Corporation. Some charges were framed against him for his misconduct and after enquiry he was dismissed from service. The second respondent challenged the dismissal of service before the Labour Court and the Labour Court found that the charges were proved, but at the same time held, while exercising the powers under Section 11(A), that the punishment was excessive and therefore it modified the order of termination to one of reinstatement without back wages. Subsequent to that the second respondent filed a claim petition before the Labour Court claiming the amounts payable for incentive allowance, dress allowance and stitching charges, washing allowance etc., and also prayed for payment of bonus.

(3.) LEARNED Counsel for the writ petitioner submitted that under Section 8 of the Payment of Bonus Act, Bonus is payable, only where the person has worked actually for 240 days. Under Section 9, the person who has been dismissed from service for mis -conduct or a person who is involved in theft and few other acts specified therein would not be eligible for Bonus. But the Labour Court has awarded bonus even though the workman did not work . Therefore, the order is liable to be set aside.