P K BHADRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioners, who are five in number, are aggrieved by common order as contained in several letters being letters No. 1347 to 1351 all dated May 21, 1994 issued by the Deputy Labour Commissioner, whereby the petitioners were informed that the contract labourers working in Civil Maintenance of Tata Engineering and Locomotive Company Ltd. (in short "TELCO") are entitled to get bonus payable by their respective contractors - petitioners and they were directed to make payment of bonus for the years 1991 -92 and 1992 -93.

(3.) INSPITE of the aforesaid order passed by the Division Bench, the Deputy Labour Commissioner issued the impugned letters mainly on the basis of the letter dated June 10, 1992 issued by the Labour Commissioner. From perusal of the impugned letter Annexure -3 it appears that Deputy Labour Commissioner without applying his mind and without looking into the relevant provisions of Bonus Act proceeded on the basis of the letter dated June 10, 1992 and also on the basis of some suggestions/opinions received from the Law Department or the Law Officer. In my opinion, in the light of the order passed by the Division Bench the impugned letters issued by the respondents is illegal and without jurisdiction. As observed in the aforesaid order passed by the Division Bench without giving opportunity of hearing to the petitioners and without deciding the issue whether the operation carried on by the petitioners is a building operation or not the petitioners could not have been saddled with the liability of payment of bonus under the said Act.