Need help regarding bonus

Kiran! Though the management has got a right to disburse different rates of bonus but no provides arbitrariness to any management to get signature on false and fabricated accounts/receipts. You should raise your petition before Labour Court under Payment of Bonus Act. RTI is not applicable. Consumer court has also got no jurisdiction to try and decide such matters.

Management has to prepare every year a statement of Allocable Surplus under the Payment of Bonus Act for disbursement of the Bonus. On the basis of surplus profit the manangement declares the Bonus. You can claim the bonus such declared by the manangement. You can file a complaint with the Authority under the Payment of Bonus Act who can seek relevant information from the management. Usually Assistant Labour commissioner of the area is authority appointed under the Act.   

Mr.Haribhajan singh has provided a suggestion. The management cannot differentiate the Bonus amount, if the bonus is declared @20% then it should 20% for all the employees worked during that particular period and they cannot reduce and pay @8.33% for the employees who left the organization.

The ex-gratia which is not a statutory obligation can be different but the professional management will pay equally to all the employees.

You can approach the Assistant labour commissioner and submit a request for the justice and they will support you.

Regards - kamesh

Labor court is the only answer to this artbitrary behavior. However labor courts are known for corruption. Companies or even the government would rather bribe/pressurise these courts to the tune of crores of Rupees than give deserved a few thousand rupees to workers. This is Indian mentality and our judicial system is the biggest joke of the millenium.

They cannot differentiate between "  Left  "  and still working . If you were working on 31Mar of that yr , they cannot differentiate .

First  apply to them for payment of 20% bonus.  By Hand , taking receipt of it .

If they dont reply ask them to reply in writing . Whatever they want to say  Regular , Ex Gratia , Left Still Working , let them give it in writing .

Give three reminders

In the last reminder  you tell them that if they dont reply or pay bonus You will move Labour Court.

Make a simple application , attach photocopies of  all of your applications with Appointment Letter and Acceptance of Rsignation letters apply in Labour Court.

0-9929596546

Godbole is correct. If you have to move courts then the procedure suggested by him is totally correct.

The fact to be lookinto is: What is the rate of bonus declared by the Company under Payment fo Bonus Act.Company has to submit returns/maintain form A & B etc., which are public documents and to be produced before Labour Authorities for inspection.

You may aproach Labour Department Officials with a claim so that justice will be done.

(Generally companies will pay statutory bonus to all and any thing extra will be paid as Ex-Gratia. In your case also same thing must have happened. You can also findout this by checking the notice published by the company  or with the union leaders who are dealing this matter in your company)