HARYANA STATE AGRICULTURAL MARKETING BOARD FIELD STAFF EMPLOYEES WELFARE ASSOCIATION Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition seeks direction for grant of 20% bonus to the Petitioner.

(2.) Case of the Petitioner is that it is a trade Union registered under the Trade Unions Act, 1926 representing employees of the Respondent-Marketing Board-a statutory body under the provisions of the Punjab Agricultural Produce Markets Act, 1961 (1961 Act) to regulate marketing of agricultural produce. The Board is an industry and employees are workmen. The employees made representation dated 14.12.1982 raising a demand of bonus. Though the Board wrote to the Government for approval, the proposal was rejected by the Government. Later, vide decision dated 16.10.1990, the Board decided to give bonus at me rate of 8.33%. Cooperative Banks were being given bonus under judgment of this Court Annexure P.7. Accordingly, claim for bonus has been made.

(3.) In the reply filed on behalf of the Board, stand taken is that Board is a local authority and is not an 'industry'. Under Section 32 of the Payment of Bonus Act, 1965 (1965 Act), industry carried on by or under me authority of any department of the Central Government or a State Government or a local authority is exempted from payment of bonus. Board was not engaged in profit making exercise. According to the said-stand, liability to bonus does not arise.