Respected Madhu ji,
If I am paying bonus to all the employees including those who are not falling under POB Act for years togethet, can I stop it? Is it not a practice becames the Law?
Hope the members will get more inputs from your answer to the above questions.
From India, Mumbai
2555If I am paying bonus to all the employees including those who are not falling under POB Act for years togethet, can I stop it? Is it not a practice becames the Law?
Hope the members will get more inputs from your answer to the above questions.
From India, Mumbai
Practice becomes law but for workers and not for supervisors and managers who are controlled by the contract of employment and not by law Madhu.T.K
From India, Kannur
From India, Kannur
Respected Madhu ji, With due respect to you Sir, I tend to disagree with you. However, I expect some other learned members to comment on it. I may be wrong in disagreement.
From India, Mumbai
From India, Mumbai
Dear Madhu ji,
I am not in favour of discrimination between workers and supervisors and managers, who are controlled by the contract of employment and not by law. You contention may be true from the point of view of legislation but in the larger interest of organisation, an employer will be foolish to make such a distinction. I have observed that it is customery for the employers to disburse the Puja bonus to all their employees irrespect of their categories or positions in the state of West Bengal. Even the Supreme Court has often encouraged such customary pratices but has fixed ceratin criteria in their judgments in case of (1) M/s. Ispahani Limited v Ispahani Employees' Union; (2) Grahams Trading Company (India) Limited v Their Workmen; (3) M/s. Tulsi Das Khimji v Their Workmen and (4) Vegetable Products Limited v Their Workmen and has held that in order to establish the claim for a customary bonus or traditional bonus or puja bonus four conditions must be fulfilled, namely:
(i) that the payment has been made over an unbroken series of years;
(ii) that it has been so made for a sufficiently long period;
(iii) that the payment has been made at a uniform rate throughout; and
(iv) lastly, that it has been paid even in years of loss and did not depend upon the earning of profits.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I am not in favour of discrimination between workers and supervisors and managers, who are controlled by the contract of employment and not by law. You contention may be true from the point of view of legislation but in the larger interest of organisation, an employer will be foolish to make such a distinction. I have observed that it is customery for the employers to disburse the Puja bonus to all their employees irrespect of their categories or positions in the state of West Bengal. Even the Supreme Court has often encouraged such customary pratices but has fixed ceratin criteria in their judgments in case of (1) M/s. Ispahani Limited v Ispahani Employees' Union; (2) Grahams Trading Company (India) Limited v Their Workmen; (3) M/s. Tulsi Das Khimji v Their Workmen and (4) Vegetable Products Limited v Their Workmen and has held that in order to establish the claim for a customary bonus or traditional bonus or puja bonus four conditions must be fulfilled, namely:
(i) that the payment has been made over an unbroken series of years;
(ii) that it has been so made for a sufficiently long period;
(iii) that the payment has been made at a uniform rate throughout; and
(iv) lastly, that it has been paid even in years of loss and did not depend upon the earning of profits.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I am also of the opinion that every one should get bonus at uniform rate. But at the same time I also support that the workers who work for lesser amounts of salary should be given their "deferred wages" which is not the case of supervisors and managers who get higher salary and do enjoy other benefits. If non workers are paid bonus, it should be to retain them in the company and should not be taken as deferred wage.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
My disagreement with Respectable Madhu ji is on, can one stop the long standing practice of paying the bonus to those who are not entitled to it under the law? We need to review on this subject.
From India, Mumbai
From India, Mumbai
Dear Madhu Sir & Korgaonkar Sir
Its always a pleasure reading your commentaries. You people are doing great service of legal awareness & literacy out of your busy schedules. The value I have derived in the past is un-measurable & i must thank you for this.
Happy blogging !
From India, Aurangabad
Its always a pleasure reading your commentaries. You people are doing great service of legal awareness & literacy out of your busy schedules. The value I have derived in the past is un-measurable & i must thank you for this.
Happy blogging !
From India, Aurangabad
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