STATE OF JHARKHAND THROUGH DEPUTY SECRETARY, RURAL DEVELOPMENT DEPARTMENT Vs. ASHOK KUMAR, S/0 SHEO KUMAR LAL

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original respondent. The respondent No. 1 is the original petitioner, who had preferred writ petition being C.W.J.C. No. 3728 of 1999(R). District Rural Development Authority had passed a resolution that from 1993 no bonus will be paid to their employees. The respondent No. 1 (original petitioner) preferred a writ petition for getting the bonus and the learned Single Judge allowed him to get the bonus and direction was given to this appellant to pay the bonus from the year 1993-94 onwards. Being aggrieved and feeling dissatisfied with by this direction, the present Letters Patent Appeal has been preferred by the original respondent.

(2.) We have heard the learned counsel for the appellant at length. Nobody appears on behalf of the respondent No. 1. On 2nd August, 2017 also when the case was called out, nobody appeared on behalf of respondent No. 1.

(3.) Having heard counsel for the appellant and looking to the facts and circumstances of the case, it appears that vide order dated 4th August, 1999, which is annexed as Annexure-1 to the memo of this Letters Patent Appeal, it has been ordered that no bonus will be paid to the employees. This fact was already clarified much earlier and, hence, the bonus paid earlier in 1993-94 shall be recovered. Time & again, such type of direction has been given. Previously also, vide departmental letter No. 3198 dated 16th June, 1995, this type of direction was given for not to make payment of the bonus. Even prior thereto, there was a direction for not to make payment of the bonus. Nonetheless, by virtue of old habits and because of clerical errors, the bonus has been paid to few of the employees and, hence, the respondent No. 1 had preferred the writ petition to get the bonus which was allowed by the learned Single Judge. This is an error apparent on the face of the record. There is no right vested in the employees to get the bonus. There is a wide difference between the salary and the bonus. Salary is a matter of right when the work is already done, whereas, the bonus is an extra payment made by the employer. Bonus may be paid or may not be paid.