Leave to amend the prayer clause, is granted. The necessary amendment be carried out, forthwith.
Heard Mr.Keyur A. Vyas, learned advocate for the petitioner. It is submitted that by the impugned order dated 25.01.2012 passed in Recovery Application No.36/2008, the petitioner-Society has been directed to pay Bonus and Leave Encashment to respondent No.1, whereas these benefits were not conferred by the award dated 24.10.2001. It is further submitted that the Labour Court had only awarded 65% back wages, but no Bonus or Leave Encashment, therefore, such benefits could not have been awarded in a Recovery Application. It is further contended that, in any case, the Payment of Bonus Act would not be applicable to the petitioner-Society, as it has only three persons working for it, which is less than twenty persons, as required by the Act.
Issue Rule returnable on 18.07.2012.
There shall be no stay on the payment of 65% of back wages amounting to Rs.1,43,066.82Ps. However, the amount of Bonus at Rs.18,748.70Ps. and the amount of Leave Encashment at Rs.17,749/-, shall remain stayed.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top