R.K.DESHPANDE
Babasaheb Kedar Shetkari Through its Chairman – Appellant
Versus
Madhukar Ghodmare – Respondent
1. Rule. Heard finally.
2. In the Complaint (ULP) No.102 of 2009 filed by the elected representatives under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as “the MRTU & PULP Act”), the Industrial Court has, by its judgment and order dated 24-1-2012, declared that the petitioner-employer is engaged in an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act by denying the lawful claim for bonus of the employees. The Industrial Court has directed the petitioner-employer to pay the difference of bonus for the years 2006-2007 and 2007-08 as per the provisions of the amended Section 12 of the Payment of Bonus Act, 1965 on the basis of monthly salary or wages of Rs.3,500/- instead of Rs.2,500/, after deducting the amount of bonus already paid for the said period to such employees. The employer is, therefore, before this Court in this writ petition.
Findings of the Industrial Court :
3. The findings of the Industrial Court are that there is no breach of Section 22 of the Payment of Bonus Act, which requires any dispute arising between the employer and his employee with respect
Shramik Uttarsh Sabha v. Raymond Woolen Mills Ltd., and others
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