Interim relief application for recovery of bonus
shashank
(Querist) 03 June 2018
This query is : Resolved
During a criminal case u/s 28 of Payment of Bonus Act'1965 can an employee on whose complaint the state initiated criminal case against the employer can seek directions from criminal court for recovery of Bonus by filing an interim relief application pursuant to the intimation given to him by Bonus Authorities that he is entitled for the Bonus.
Ms.Usha Kapoor
(Expert) 04 June 2018
Yes when a criminal proceedings are on against the employer u/s28 at the instance of the employee he can seek directions from criminal court for payment of bonus as interim relief and on his application authorities informed him that interim bonus was released he can claim or get payment of interim bonus.
Dr J C Vashista
(Expert) 04 June 2018
Whether you have details of bonus being declared/paid by employer to other employees and you have been left out?
Have you gone through provisions of Section 28 (which Act you want to refer) ????
How can the Trial Court (Criminal case) frame another charge for non-payment of bonus to you (when you did not include in your original complaint which have been taken cognizance by the Court) on the accused at this stage?
Presumably you are dependant upon Public Prosecutor and did not engage your "Private" counsel in the complaint case, isn't it?
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
Dr J C Vashista
(Expert) 04 June 2018
There is no provision in criminal jurisprudence for including and entertaining application for desired interim relief.
Guest
(Expert) 04 June 2018
Background of the case need be discussed on what ground criminal case was launched by whomsoever and how you are concerned with that case.
Guest
(Expert) 04 June 2018
Background of the case need be discussed on what ground criminal case was launched by whomsoever and how you are concerned with that case.
Guest
(Expert) 04 June 2018
Background of the case need be discussed on what ground criminal case was launched by whomsoever and how you are concerned with that case.
Guest
(Expert) 04 June 2018
Posting differs from Repeating Please.
Adv.Ambrose Leo
(Expert) 04 June 2018
Consult a Professional Employment & Labour and service matter Professional Lawyer.If need & recover unpaid bonus ,If already declared & paid. Which is the year for claiming the Bonus.& Your name remained unpaid in Bonus Register & Year.
Guest
(Expert) 04 June 2018
Kamagni aunty, that can be just to see you burn with your own agni of jealousy.
Guest
(Expert) 04 June 2018
Paranoid Personality Disorder is an unwarranted tendency to interpret the actions of other people as deliberately threatening or demeaning.
Guest
(Expert) 04 June 2018
Most Patients with this disorder experience symptoms for the duration of their life time and require consistent therapy.
Guest
(Expert) 04 June 2018
That is very much visible from your character, as a jealous abettor to use her as your tool, and kamagni's heart burn.
Guest
(Expert) 04 June 2018
That is very much visible from your character, as a jealous abettor to use her as your tool, and kamagni's heart burn.
shashank
(Querist) 04 June 2018
Dear experts the employee make a complaint after termination of his service that during his service period he was not given the bonus of four financial years. For which the employer made a stand before Labour Commissioner that since his salary was above 10000/- he was not an employee u/s 2(13) of Bonus Act hence not entitled. On employee request Bonus records were summoned by controlling authority and it was found that employer was lying and he had been making regular bonus payment to all employees irrespective of any salary ceiling limit of 10000/- and employee was right as he was discriminated.The employer also failed to produce Form C. Accordingly prosecution was launched against employer u/s 28 of Bonus Act'1965. But employer did not released his four year Bonus. Accordingly employee made an interim relief application before criminal court trying prosecution of management to give suitable direction to Bonus Authorities for recovering bonus of employee which they ignored earlier by telling employee that they do not have jurisdiction to recover this bonus and in absence of any direction or award it is not possible for them to recover this unpaid bonus from employer although as per act they can go only for prosecution.
Guest
(Expert) 04 June 2018
You have not discussed, what was the order of the labour court and who launched prosecution against the employer and on what specific charge?
BESIDES, you have not stated what is your own concern with the case?
P. Venu
(Expert) 04 June 2018
There is no scope for making such interim orders in a criminal proceeding u/S 28. Section 21 provides the procedure for recovery of bonus due from an employer.
shashank
(Querist) 04 June 2018
Dear P. Venu Sir the employee have also tried the recovery of said bonus by filing application u/s 21 of the Act but failed as the Bonus Authorities replkied that they can recover Bonus under this section only if employee got an award or direction of a court, or there exist a settlement or agreement between employer and employee. The employee is really surprised from such reply because when all emplpoyees of his level are getting bonus irrespective of any celing limit and PAyment of Bonus Act is itself a large settlement or agreement then why Bonus Authorities are not acting to recover. That is why he is seeking interim relief order from the criminal court who have power to give such directions to Bonus Authority. pls correct me if I am wrong or suggest way to recover this Bonus as it is not disputed that all other employees except the present employee have received the same and Bonus Authorities have also confirmed to employee about this fact in writing to employee.
Adv.Ambrose Leo
(Expert) 05 June 2018
Under the Bonus Act Every Employer have maintain a Bonus register year wise for all employees in the pay roll of previous year.Verify the details of unpaid then claim as per the Act.Take up the issue with a professional Employment & Labour and service matter lawyer for preferring the complaint before the competent authority quickly.
