TECH MAHINDRA LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two petitions where the reliefs as prayed for by the petitioners are similar and hence, the same are being disposed of by this common order.

(2.) The challenge in these petitions is to the validity of Sec. 3 of the Payment of Bonus (Amendment) Act,2015 ( No.6 of 2016) insofar as the provision uses word "or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher. " as inserted in Sec. 12 of the Payment of Bonus Act, 1965. The challenge is also in regard to the retrospective effect as given to the said provision for a period prior to 1/4/2014. The substantive prayers as made in the first petition (Writ Petition No.2024 of 2016) are required to be noted which read thus:

(3.) We find from the record that the Division Bench of this Court by order dtd. 13/6/2016, considering the orders passed by the Karnataka High Court, Allahabad High Court and other High Courts, granted stay to the retrospective application of the impugned provision. In this view of the matter, considering the legal position that the Act being a Central Act, by virtue of the stay granted by the said High Courts, observing that such orders of stay would operate throughout India, this Court also stayed the retrospective application of the Amendment Act and directed that no coercive steps be taken against the petitioners for recovery of the amount prior to 31/3/2016. The said order is required to be noted which reads thus:-