- (1.) Heard Sri Gopal Kumar Srivastava, learned counsel for the petitioner and Sri Radhey Shyam Mishra-respondent no. 3, in person.
(2.) This writ petition, under Article 226 of the Constitution of India, has come up against the order dated 04.08.1988 passed by Prescribed Authority under Payment of Wages Act, 1936 (hereinafter referred to as the "Act, 1936") read with Section 18 of U.P Shops & Commercial Establishment Act, 1962 (hereinafter referred to as the "U.P. Act, 1962"), claiming bonus for the period of 1986 allowing same with compensation of five times and appellate order dated 05.11.1997 dismissing petitioner's appeal against aforesaid order.
(3.) Learned counsel appearing for petitioner-Bank has raised two points. Firstly, that the Prescribed Authority under Act, 1936 has no jurisdiction to entertain the said application in the year 1986 since by notification dated 23.05.1985, issued by State Government, all the provisions of U.P. Act, 1962 were exempted in respect of all the Schedule Banks as defined in Reserve Bank of India Act, 1934 (hereinafter referred to as the "Act, 1934"), which included Central Bank of India also. He further submitted that several provisions of U.P. Act, 1962 were exempted by notification dated 15.12.1982 and, therefore, also the U.P. Act, 1962 was not applicable. It is said that there is no notification issued under the provisions of Act, 1936 to apply the same to Central Bank of India, therefore, the impugned orders are patently without jurisdiction. His second point is that as per the Bank's circular dated 05.08.1985 (Annexure-5 to the writ petition) no bonus was payable during period of suspension as provided in Para 12(ii) for the year 1984 and, therefore, also impugned orders are wholly illegal and without jurisdiction.;