Judgement

BALAKRISHNA ERADI, J.:- In this appeal by special leave against the judgment of a Division Bench of the High Court of Bombay, the only question raised is whether the provisions of the Payment of Bonus Act, 1965 (hereinafter called the Act) are applicable to the employees of the Canteen Stores Department. The answer to this question will depend upon whether the Canteen Stores Department is an establishment engaged in any industry carried on by or under the authority of any department of the Central Government; that is because Section 32(iv) of the Act lays down that "Nothing in this Act shall apply to employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the Central Government or a State Government or a local authority." In the judgment under appeal, the High Court has held that the exemption provided for in Section 32(iv) is attracted inasmuch as the Canteen Stores Department is an establishment engaged in an industry carried on. by or under the authority of a department of the Central Government. The correctness of the said conclusion recorded by the High Court is assailed by the appellant in this appeal.

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