- (1.) INSTANT petition has been jointly filed by (31) petitioners who are employees of respondent -Rajasthan Rajya Sahkari Tilhan Utpadak Sangh Limited ("Tilam Sangh"), Jaipur, assailing order dt.20/10/95 (Ann.2) whereby two conditions have been stipulated for grant of bonus @ 8.33% for the year 1994 -95 under Payment of Bonus Act, 1965 ("Bonus Act").
(2.) AS alleged, petitioners employees of respondents -Tilam Sangh which is a society duly registered under Rajasthan State Co - operative Societies Act, 1965 on 03/07/90. It appears from cause title that some of petitioners were appointed after creation of respondent -Tilam Sangh, while some of them were working in RAJFED & in other Co -operative Societies but their services appear to have been transferred after creation of Tilam Sangh under some administrative decision of State Government. Respondent -Tilam Sangh despite having incurred losses in the year 1992 -93, declared payment of bonus for the year 1992 -93 vide order dt.28/10/1993 (Ann.1). However, there was no order placed on record for declaration of bonus for the year 1993 -94; but respondent - Tilam Sangh passed order dt.20/10/95 (Ann.2) holding that the bonus @ 8.33% for the year 1994 -95 shall be payable to employees who fulfilled conditions referred to therein and first condition was confined to those having worked in RAJFED but joined Tilam Sangh on its creation and second condition related to those having completed six years' service as on 31/03/1995.
(3.) COUNSEL for petitioner submits that order impugned (Ann.2) is discriminatory and contrary to law and of Bonus Act, and all such employees having worked for not less than thirty days in an accounting year are entitled to payment of bonus and all the petitioners being permanent employees having worked in 1992 -93 and 1993 -94, are entitled for payment of bonus under Bonus Act, more so when they were paid bonus in earlier years; and withdrawal thereof vide order impugned is not legally sustainable. Counsel further submits that the Bonus Act is applicable to all the employees and they are entitled for minimum bonus U/s 10 of Bonus Act @ 8.33% for relevant years in question ­ denial whereof is in violation of Art.14 of the Constitution.;