By means of this writ petition the petitioners have challenged the order dated 28th December, 2013 passed by Deputy Labour Commissioner, Mirzapur by which the petitioners have been treated to be the employers and have been directed to pay bonus to its employees. The petitioners' claim themselves to be the contractors engaged for the purposes of maintenance of machinery utilized in power generation by the Anpara Thermal Power Project, Anpara, Sonbhadra, which is a company incorporated under the Companies Act and owned by the State Government.
Learned counsel appearing for the petitioners submits that upon specific need by the Anpara Thermal Power Project they are engaged on contract from time to time. The workmen engaged by such contractors like the petitioners are not their regular employees but paid wages according to the norms fixed by the Government and, therefore, in view of Section 8 of the Payment of Bonus Act, 1965. The Workmen are not the employees of the petitioners in order to attract bonus.
The matter requires consideration.
Learned Standing Counsel represents respondents no.1 and 4. Sri A.K.Mehrotra, learned counsel represents respondents no.2 and 3.
The respondents may file counter affidavit within one month.
List thereafter.
Till the next date of listing, the operation of the impugned order dated 28.12.2013 (Annexure-8 to the writ petition) shall remain stayed.
Order Date :- 28.4.2014 SKM