JUDGMENT :

[1.0] By way of this petition under Articles 226 and 227 of the Constitution of India the petitioner challenges the order passed by the Presiding Officer, Labour Court No.4, Vadodara dated 03.09.2016 in Reference (Demand) No.16 of 1995 whereby the Labour Court has directed the petitioner to pay an amount of bonus at the rate of 11.67% for the Financial Years 1992-93 and 1993-94 with 9% simple interest from the date of filing of the Reference as also to pay cost of Rs.1500/- to the respondent no.1.

[2.0] Respondent no.1 – Union vide Exh.3 filed its statement of claim claiming that the workmen were working with the petitioner – Company since the beginning and the workmen were being paid the bonus at the rate of 20% by the petitioner - Company. It is further the case of respondent no.1 – Union that the petitioner – Company has never provided the accounts, never published set-on, set-off of the petitioner - Company or has provided them with the Forms as provided under the Payment of Bonus Act, 1965 (hereinafter referred to as ‘the Act’) to the respondent no.1 - Union. It is further the case of respondent no.1 – Union that since last four years, without publishing Form ‘A’ and