- Case
- THE MANAGEMENT OF WORTH TRUST v. THE SECRETARY WORTH TRUST WORKERS UNION (Supreme Court of India, 02-04-2025)
- Law
- Factories Act, Industrial Disputes Act, Payment of Bonus Act.
The Payment of Bonus Act, 1965: The judgment extensively discusses the applicability of the Payment of Bonus Act, 1965. Section 1(3)(a) is cited, which makes the Act applicable to every factory. The Statement of Objects and Reasons of the Bonus Act is quoted to explain the historical context and purpose of the Act. Section 2(17) is discussed, defining "factory" by referencing Section 2(m) of the Factories Act, 1948. Sections 10 and 11 are analyzed, detailing the payment of minimum and maximum bonus. Section 32 is examined, specifically subsections 32(v)(a) and 32(v)(c), regarding exemptions for certain classes of employees, particularly concerning institutions like the Indian Red Cross Society or similar entities established not for profit. The court ultimately held that the appellant was not exempt under Section 32.
The Factories Act, 1948: The judgment refers to the Factories Act, 1948, primarily in the context of defining "factory" under the Payment of Bonus Act. Section 2(m) of the Factories Act is quoted and analyzed, which defines "factory" as any premises where a manufacturing process is carried on with ten or more workers with power or twenty or more workers without power. The judgment notes that the workmen are working in factories and fall within the definition of 'workmen' and 'employee' under the Factories Act, 1948.
The Industrial Disputes Act, 1947: The judgment mentions the Industrial Disputes Act, 1947, in the context of the industrial dispute raised by the workmen union. Section 10(2) of the Industrial Disputes Act, 1947, is cited, indicating that the dispute was referred to the Industrial Disputes Tribunal, Chennai, under this provision.
