SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

WPMS No. 2562 of 2022

Hon ’ble Man oj Ku m ar Tiw ar i, J.

Heard Mr. Pradeep Kumar Chauhan,

Advocate for the petitioner.

This is employer’s petition under

Article 227 of Constitution of India

against the order dated 17.09.2022

passed

by

Presiding

Officer,

Labour

Court, Haridwar in Misc. Adjudication

Case No. 45 of 2021. By the said order,

petitioner’s

objection

regarding

maintainability of application filed by the

employee under provisions of Payment of

Bonus Act, 1965, was rejected.

Petitioner

contended

in

his

objection that the employee is facing

charge

of

theft,

therefore,

he

is

disqualified for bonus under Section 9 of

aforesaid Act. Section 9 of Payment of

Bonus Act, 1965 is reproduced below:

“9 . Disqu alificat ion for bon u s.—Notwithstanding

anything contained in this Act, an employee shall be

disqualified from receiving bonus under this Act, if

he is dismissed from service for—

(a) fraud; or

(b) riotous or violent behaviour while on the

premises of the establis