13 November 2008
please state what is the meaning of "an employee employed through contractors on building operations" and wheather he is entitled bonus or not and why ? and please also suggest in which book i will get answer of such kind why questions for pcc law ?
17 November 2008
Employee [Section 2(13)] : It means any person other than an apprentice employed on a salary or wage not exceeding Rs. 3,500 per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or electrical work for hire or reward,whether the terms of employment be express or implied.
17 November 2008
An employee in the following cases is entitled to bonus : (i) A temporary workman is entitled to bonus on the basis of total number of days worked by him. (ii) An employee of a seasonal factory is entitled to proportionate bonus and not the minimum bonus as prescribed under Section 10 of the Act. (iii) A part time employee as a sweeper engaged on a regular basis is entitled to bonus. [Automobile Karmchari Sangh vs. Industrial Tribunal [1970] 38 FJR 268]. (iv) A retrenched employee is eligible to get bonus provided he has worked for minimum qualifying period. [East Asiatic Co. (P.) Ltd. vs. Industrial Tribunal [1961] 1 LLJ 720]. (v) A probationer is an employee and as such is entitled to bonus. [Bank of Madura Ltd. vs. Employee’s Union, 1970, (2) LLJ (21)]. (vi) A dismissed employee reinstated with back wages is entitled to bonus. [Gannon India Ltd. vs. Niranjan Das [1984] 2 LLJ 223]. (vii) A piece-rated worker is entitled to bonus. [Mathuradas Kani vs. L.A. Tribunal AIR, [1958], SC 899].
17 November 2008
An employee in the following cases is not entitled to bonus : 1. An apprentice is not entitled to bonus. [Wheel & RIM Co. vs. Government of T.N. [1971] 2 LLJ 299 40 FJR 18]. 2. An employee employed through contractors on building operation is not entitled to bonus. (Section 32). 3. An employee who is dismissed from service on the ground of misconduct as mentioned in Section 9, is disqualified for any bonus and not merely for bonus of the accounting year in which he is dismissed (Pandian Roadways Corporation Ltd. vs. Presiding Officer [1996] 2 CLR
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