HARYANA STATE Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THIS writ petition is filed challenging the award of the Industrial Tribunal-cum-Labour Court Hissar, dated April 6, 1993.

(2.) THE State of Haryana filed this writ petition. The Respondents 2 to 11 are working as daily wage employees under the Haryana Roadways which is a part of the Transport Department of the State Government. For the employees of the Transport Department, the State Government formulated a scheme and the Governor of the State accorded sanction to the payment of ex-gratia in lieu of bonus at 20 percent (as a special case) on the emoluments to certain categories of employees of the Transport Department, Haryana for the year 198990. The ex-gratia payment under the said order was made applicable to the employees working on daily wages who have completed 3 years of service and those employees who have not completed three years of service filed applications before the Labour Court, Hissar, under Section 33-C (2) of the Industrial Disputes Act, 1947, all the daily wages employees are entitled to ex-gratia if they worked in an establishment for not less than 30 working days in a year. According to the respondents since they have worked for not less than 30 working days in the year, they are entitled to the payment of ex-gratia as announced by the State of Haryana in its memo No. 12/14/81-ST, dated May 31, 1990. The State of Haryana took a plea before the Labour Court that the daily wage employees, who have not completed 3 years of service, are not entitled to ex-gratia payment under the terms of the instructions dated May 31, 1990. As the respondents have not completed 3 years of service, they are not entitled to claim the ex-gratia payment in lieu of bonus.

(3.) IT was contended before the Labour Court that the Bonus Act is not applicable. The Labour Court came to the conclusion that the Bonus Act is applicable and in view of the provisions contained in Section 8 of the Bonus Act, once the employees completed actual 30 working days during the year, they are entitled to bonus. It was further held by the Labour Court that simply because the payment being made is an ex-gratia in lieu of bonus, it does not take away from the purview of the Bonus Act. Accordingly, the Labour Court allowed the application and directed the management of the Haryana Roadways to pay ex-gratia with interest @rs. 12 per cent P. A.