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Posted by Prakash Yedhula 19/04/2009 10:16:33

(i) Employees of State Boards are entitled to bonus. [Orissa State Housing Board v. D.Nayak & Ors., (1989) 2 L.L.N. 241 (Ori.)]. (ii) A co-operative bank is a banking company. [Vellore Central Co-op. Bank Ud. v. Industrial Tribunal, (1989) 58 F.L.R. 924 (Mad.)]. (iii) Lay-off compensation is included in the terin of "salary" or "wages". [Mohan Kumar v. Deputy Labour Commissioner, (1991) 62F.L.R. 903 (Ker.)]. (iv) When wages are revised, the management has to pay bonus on arrears. [Mumbai Kamgar Union v. Indian Tool Mfrs. Ltd. & Ors., (1981) 1 L.L.N. 391 (Born.)]. (v) Dearness allowance and city compensatory allowance are included in the definition of "salary" or "wages" under section 2 (21) of the Act. [S. Krishnamurthy v. Presiding Officer, Labour Court. (1986) 55 F.L.R. 535]. Food allowance and value of uniforms etc. cannot be said to be remuneration. [ibid.]. (vi) Dearness allowance is a part and parcel of wages. [Scindia Navigation Co. Ltd. & Anr. v. Scindia Employees Union & Anr., (1983) 2 L.L.N. 63]. (vii) Allowance like family allowance, house rent allowance, ad-hoc and tiffin allowances are not in the nature of dearness allowance. [ibid.]. (viii) Overtime allowance does not form part of "wages". [Associated Cement Co. Ltd. v. Their Workmen, A.I.R.1959 S.C. 925]. (ix) Retaining allowance comes within the purview of section 2 (21). [Chalthan Vidyut Sekhari Udyog v. Government Labour Officer, A.I.R. 1981 S.C. 905]. The retainer is entitled to bonus [ibid.]. (x) Remuneration in case of overtime work and commission payable to employees are excluded from the definition of "salary" or "wages". [All India Voltas & Volpart Employee's Federation v; Voltas Ltd., 1973 Lab. I. C. 645].
Payment of Bonus Act
Definitions.
Posted by Prakash Yedhula 19/04/2009 10:13:54

A part-time employee is also an employee for the purpose of calculating the number of employees-2D or more-under section 1(3)(b) [Automobile Karamchari Sangh & Ors. v. Industrial Tribunal & Ors., (1976) 38 F.J.R 268 (All.)]
Payment of Bonus Act
Short title extent and application.-
Posted by Prakash Yedhula 19/04/2009 10:05:16

APPLICABILITY It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.
Factories Act
PRELIMINARY
Posted by Prakash Yedhula 19/04/2009 10:03:40

The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
Factories Act
PRELIMINARY
Posted by jitendra 11/04/2009 14:30:08

what the act asks me
Advocates Act
RIGHT TO PRACTISE
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