PRADIP LAMP WORKS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner -works, counsel for the State as also the counsel for the recognized Labour Union of the works.

(2.) THE present writ application has been filed to set aside the order dated 7.10.1999, Annexure -1 whereunder prayer of the petitioner -works to exempt it from making payment of bonus to the workmen as per the provisions contained in Section 36 of the Payment of Bonus Act, 1965 (hereinafter referred to as "the Act") has been rejected holding that the public interest would suffer, if the petitioner -works is exempted from making payment of bonus, as exempting the petitioner -works from making payment would be detrimental to the interest of the workmen employed by the petitioner -works.

(3.) COUNSEL for the State Respondents, however, opposed the aforesaid prayer with reference to the statement recorded in paragraph 4 of the impugned order dated 7.10.1999, Annexure -1, as according to him the Labour Union was not agreeable to grant of exemption to the petitioner. In reply to the aforesaid submission of the State counsel, counsel for the petitioner again reiterated that the statements recorded in paragraph 4 of the impugned order is an error of record.