SRIRAM BEARINGS LIMITED Vs. PRESIDING OFFICER LABOUR

JUDGEMENT

(1.) THE short question which arises for consideration is whether an employee dismissed from service on any one of the grounds enumerated in Section 9 of the payment of Bonus Act, 1965 (in short, the Act) is disentitled to receive bonus payable only for the accounting year in which the order of dismissal is passed or is disentitled to receive whatsoever bonus was remaining unpaid on the date of the order of dismissal.

(2.) SECTION 9 of the Act reads as follows: 9. Disqualification for bonus. Notwithstanding anything contained in this Act, an employee shall be disqualified from receiving bonus under the Act, if he is dismissed from service for: (a) Fraud; or (b) riotous or violent behaviour while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment.

(3.) IN short, the facts are that the petitioner is a limited company and carries on business of manufacturing ball bearing in his factory located at Ratu, Ranchi. The respondents are the employees of the company. They were dismissed from service for riotous and violent behaviour at the premises of the establishment. The respondent Nos. 2(i) to 2(vi) filed an application under Sec.33 -C(2) of the Industrial Disputes Act before the Labour Court claiming bonus for the period July, 1975. to June, 1976. The petitioner -company in their show cause submitted that such an application under Sec.33 -C(2) of the J.D. Act was not maintainable as all these workmen were dismissed employees of the company for various acts of misconduct, riotous and violent behaviour within the premises of the factory and as such they stood disqualified for receiving bonus under Section 9 of the Act. The Labour Court held that the application was maintainable.