Payment of Bonus Act, 1965
Machinery to Resolve Bonus Dispute
Q. Has the Payment of Bonus Act provided machinery to resolve the payment of bonus dispute?
Ans. The Payment of Bonus Act, has not created any independent machinery for settlement of disputes arising under this Act. However, section 22 of the Bonus Act, provides that any dispute with respect to bonus payable under the Act shall be deemed to be an industrial dispute under the Industrial Disputes Act, 1947 and the machinery created under the Act shall be used for resolving those disputes.
Section 2(k) of the Industrial Disputes Act, defines as “any dispute or difference between the employers and employers, or between the employers and the workmen or between the workmen and the workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person”.
According to this definition, the following points are required to be satisfied before a matter becomes an industrial dispute.
Reference:
1. Standard Vacuum Refining Co. Ltd. v. Their Workmen, AIR 1960 SC 948: 1960 (II) LLJ 233: 1960 (1) FLR 98: 18 FJR 345; Workmen of Dimakuchi Tea Estate (Assam Chah Karmachari Sangh) v. Dimakuchi Tea Estate, AIR 1958 SC 358: 1958 (II) LLJ 500: 14 FJR 41; Safdarjung Hospital v. Sethi, AIR 1970 SC 1407: 1970 (II) LLJ 266: 1970 (20) FLR 399.
