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Query in BONUS ACT

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PANKAJ O JOSHI (MANAGER - ACCOUNTS & FINANCE)   (22 Points)
Replied 06 November 2010

I would like to correct myself,  ABC Ltd is liable to pay the bonus to the employees of Mr. X.

First going by Law,

The definition of employee is that every person engaged in the Factory Premises for carrying out the Work of the Factory directly or indirectly is deemed to be an Employee of the Company. The Bonus Act came into existence in the year 1965 but whereas the Labour Contract Act came into existence in the year 1970. The definition of employee also concludes this debate. Even if Mr. X has to pay the Bonus, where from he will pay it, he will collect the same from ABC LTD. Though the Bonus Register will be maintained by Mr. X.

Secondly on Moral Grounds.

Each worker of the Factory is working for  the Factory, You should not discriminate just because the labours has been provided by Mr. X. The work result is the same. Then how come the bonus fruit be different.

So I would like to conclude on my part that ABC Ltd is liable to pay bonus to the employees of Mr. X.

 

 

 


Udit Varshney (Student) (39 Points)
Replied 06 November 2010

i appreciate ur eforts Mr. Joshi. but i found ur answer to be more practical. i was seekin a solution regardin exam point of view. with some reference to sections or provisions. 

 

i don't think i should write moral grounds n all in my paper. what do u suggest?



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