D.H.NASIR, P.S.MISHRA
A. P. Foods, rep. by its Managing Director, Hyderabad – Appellant
Versus
S. Samuel – Respondent
( 1 ) EMPLOYEES working in the factory of the appellant herein which is a society registered under the Societies Act, have moved this Court and questioned the validity of a Government Order under which the payment of bonus to them has been purportedly ordered to be stopped. Learned Single Judge has taken notice of all relevant facts to conclude: (1) the Society is wholly owned/sponsored by the Government of the State of Andhra Pradesh and therefore, it may be falling in the category of a Government Undertaking; and (2) notwithstanding however the above, on the facts as showing from the materials on record, the appellant has been making profit and there has been nothing to show that it has not been running its business in competition with other profit undertakings and on the said basis concluded that although it is a Government undertaking, it is not an institution established for the purposes of profit and thus, the petitioners do not fall in the classes of employees as enumerated under Section 32 read with 20 of the Payment of Bonus Act, there is no reason why the bonus be not paid to them. Learned Single Judge has also taken notice of the fact that although ca
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