MANAGING DIRECTOR, CHALTHAN VIBHAG SAHAKAR KHAND UDYOG, CHALTHAN, DIST. SURAT versus GOVERNMENT LABOUR OFFICER & ORS.

MANAGING DIRECTOR, CHALTHAN VIBHAG SAHAKAR KHAND UDYOG, CHALTHAN, DIST. SURAT versus GOVERNMENT LABOUR OFFICER & ORS.

Retaining allowance paid to seasonal employees must be included within 'salary or wage' for the purpose of calculating bonus under the Payment of Bonus Act, 1965.

Source-derived case information.

Parties
Petitioner: Managing Director, Chalthan Vibhag Sahakari Khand Udyog, Chalthan, Dist. Surat; Respondent: Government Labour Officer; Respondent: Charanlal Salm
Jurisdiction
India
Judgment Date
04 February 1981
Procedural Posture
Special Leave Petition (civil) / Petition Dismissed
Outcome
petition dismissed
Legal Topics
Payment of Bonus Act, Definition of Salary or Wage, Retaining Allowance, Seasonal Employment
Labour Law Payment of Bonus Act Definition of Salary or Wage Retaining Allowance Seasonal Employment

Source-derived case record

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Parties

Managing Director, Chalthan Vibhag Sahakari Khand Udyog, Chalthan, Dist. Surat

Petitioner

Government Labour Officer

Respondent

Charanlal Salm

Respondent

Procedural Posture

Special Leave Petition (civil) / Petition Dismissed

Legal Issues

  1. 1 Whether retaining allowance paid to seasonal workmen in a sugar factory is to be considered as 'salary or wage' under section 2(21) of the Payment of Bonus Act, 1965 for the purpose of bonus calculation

Ratio Decidendi

Retaining allowance paid to seasonal employees must be included within 'salary or wage' for the purpose of calculating bonus under the Payment of Bonus Act, 1965.

Court Disposition

petition dismissed

Orders

  • Judgment of the Gujarat High Court upheld