HP STATE ELECTRICITY BOARD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The issues raised in this writ petition pertains to the claim made by the daily waged workers in the H.P. State Electricity Board for bonus. The very same issues have been considered by this Court on 6.4.2010 in CWP No.546 of 1993 with connected cases. The text of the judgment reads as follows:-

(2.) Jurisdiction of the Labour Courts: Labour Court is empowered under Section 7 of the Industrial Disputes Act for adjudication of the Industrial Disputes relating to matters specified in the second schedule and for performing such other functions as may be assigned to them under the Act. The second schedule item 6 reads as follows: "All matters other than those specified in the third schedule." Item 5 of the third schedule reads as follows:-

(3.) Applicability of Bonus Act to the daily wagers: As we have already held above, the Payment of Bonus Act, 1965 does not make any distinction as to whether an employee is daily wager, temporary, permanent, weekly paid, monthly paid etc. The only pre- condition is that he should have worked in the establishment for not less than 30 working days in an accounting year. Subject to the above conditions, an employee is entitled to paid by his employer the bonus as provided under the Payment of Bonus Act, 1965 in case the establishment is covered under the Act. We find that the employees concerned had not made any claim before the employers so as to give an opportunity to the employer concerned to examine the factual position either with regard to the entitlement under section 8 or with regard to the applicability of the Payment of Bonus Act under section 20. These questions are not addressed before the Labour Court also. We are informed that in the State of H.P., Labour Court has been notified as Industrial Tribunal as well. Be that as it may, since the workmen concerned have started their litigation in the year 1993, we do not think that another round of adjudication before the Industrial Tribunal should be called for in the instant cases. The interest of justice would be met if the employer concerned is directed to examine the claim made by the respective workman in the light of the observations contained in this judgment and do the needful, particularly since we are informed that the bonus had been paid long back. Therefore, these writ petitions are disposed of as follows. The employers will examine the cases in the light of the observations contained in this judgment and in case it is found that the Payment of Bonus Act applies to the establishment concerned and that the employee has satisfied the eligibility under section 8 of Payment of Bonus Act, the claim for minimum bonus under section 10 of the Act shall be decided and the benefits, if any, found eligible shall be disbursed, if not already disbursed within another two months. In case any employee is found ineligible he shall be issued notice before passing final orders.