- (1.) Mr D. K. Garg, learned counsel for the petitioners states that this petition has become infructuous. The petition is dismissed as such.
(2.) It is not disputed that the National Agricultural Cooperative Marketing Federation of India Ltd. , New Delhi (NAFED) has categorised its employees as industrial employees and the federation employees. The petitioners are the industrial employees. In the writ petition, the contention of the petitioners is that they be treated on a par with federation employees for purposes of pay, bonus and other service conditions. Mr D. K. Garg, learned counsel for the petitioners has, however, confined his claim only to the question of payment of bonus. g According to him, the industrial employees are being paid the statutory bonus at the rate of 8.33% of the wages; whereas the federation employees are being paid 20%. Learned counsel has contended that there is no justification whatsoever for treating the two categories of employees different for the purpose of payment of bonus. We see force in the contention of the learned counsel. All employees who are entitled to the payment of bonus under the Payment of Bonus Act, 1965 are a class by themselves and there cannot be discrimination within the class. Although, for the purposes of internal workingthe NAFED has categorised the employees as federation employees and industrial employees but for the purposes of payment of bonus, they cannot be classified differently.
(3.) We, therefore, allow the writ petition and direct the respondents to pay the petitioners bonus at the same rate, with effect from 1/4/1995, as is being paid to the federation employees. Mr Garg states that the other points involved in the petition need adjudication on facts and as such he may, if necessary, resort to the appropriate proceedings in appropriate forum. The petition is allowed in the above terms. No costs.;