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1996 DIGILAW 166 (SC)

Rajender Deva v. Hari Fertilizers

1996-01-18

G.T.NANAVATI, S.C.AGRAWAL

body1996
JUDGMENT : 1. Leave granted. 2. We have heard the learned counsel for the parties. 3. The only question which falls for our consideration in this appeal is whether minimum bonus payable under section 10 of the Payment of Bonus Act, 1965 falls within the ambit of the expression "wages" as defined in section 2(vi) of the Payment of Wages Act, 1936. By the impugned judgment, the Allahabad High Court has taken the view that minimum bonus is not covered by the said definition. The total amount of bonus which is claimed by the appellant is Rs. 3,860/- in respect of the years 1984, 1987 and 1988. 4. Having regard to the facts and circumstances of this case, we direct the respondent to pay the said amount of bonus with interest at the rate of 12 per cent per annum. The said interest will be counted from the date of the expiry of the period of eight months prescribed under section 19 for the payment of such bonus under the Payment of Bonus Act. The amount payable shall be paid within a period of one month. In the circumstances, we do not consider it necessary to go into the question of law which has been raised in the appeals and the said question is left open. The appeals are disposed of accordingly. No costs.