BABASAHEB KEDAR SHETKARI Vs. MADHUKAR GHODMARE

JUDGEMENT

(1.) Rule. Heard finally.

(2.) In the Complaint (ULP) No.102 of 2009 filed by the elected representatives under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the MRTU & PULP Act"), the Industrial Court has, by its judgment and order dated 2412012, declared that the petitioneremployer is engaged in an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act by denying the lawful claim for bonus of the employees. The Industrial Court has directed the petitioneremployer to pay the difference of bonus for the years 20062007 and 200708 as per the provisions of the amended Section 12 of the Payment of Bonus Act, 1965 on the basis of monthly salary or wages of Rs.3,500/instead of Rs.2,500/, after deducting the amount of bonus already paid for the said period to such employees. The employer is, therefore, before this Court in this writ petition. Findings of the Industrial Court :

(3.) The findings of the Industrial Court are that there is no breach of Section 22 of the Payment of Bonus Act, which requires any dispute arising between the employer and his employee with respect to the bonus payable under the Act to be decided as an "industrial dispute" as per the provisions of the BIR Act, governing the industry. The dispute is regarding the entitlement of the employees to bonus on the basis of the upper limit of the monthly salary or wages of Rs.3,500/as per the provisions of Section 12, which is not covered by Section 21 of the said Act, dealing with the recovery of bonus by making an application to the appropriate Government for recovery of such dues and obtaining a certificate for that amount from the Collector. The employer has not led any evidence to prove the balancesheet for the concerned period in support of his claim that the "allocable surplus" under Section 15 of the said Act available with the employer, does not permit declaration of bonus at the maximum limit of 20% on the monthly salary of each employee to be considered at Rs.3,500/.