LAWS(APH)-2003-11-139

THANDAVA CO OPERATIVE SUGAR LIMITED KARMIK SANKSHEMA SANGH VISAKAPATNAM Vs. THANDAVA CO OPERATIVE SUGARS LIMITED VISAKAPATNAM

Decided On November 11, 2003
THANDAVA CO-OPERATIVE SUGARS LTD.KARMIK SANKSHEMA SANGH, VISAKAPATNAM Appellant
V/S
THANDAVA CO-OPERATIVE SUGARS LTD., VISAKAPATNAM Respondents

JUDGEMENT

(1.) These two wirt petitions may be disposed of by a common order since the question mat falls for consideration in both the writ petitions is one and the same, viz., whether the employees of the respondent - Thandava Co-operative Sugars Limited (for short 'the Factory') are entitled to the payment of bonus as provided for under Section 10 of the Payment of Bonus Act, 1965, (for short 'the Act').

(2.) In both the writ petitions, the Unions of the workmen are the petitioners espousing the cause of its members to receive the bonus as provided by Section 10 of the Act.

(3.) The case set up by the petitioners is that the respondent-Society is covered by the provisions of the Act. As per Section 10 of the Act, every employer is liable to pay a minimum bonus of 8.33% of the salary or wage earned by the employees during the accounting year or one hundred rupees, whichever is higher, irrespective of the profits in its business.