Witheld bonus, interest on delayed payment of gratuity, benefits of a retention policy us 33c(2)

S Kumar (Querist) 01 August 2014 This query is : Resolved
Dear Sirs,

A company who is an establishment covered under Payment of Bonus and Payment of Gratuity Act and who by an email circular declared an employee retention monetary scheme, defaulted in payment of Bonus, paid gratuity after one year and never paid the amount of employee retention scheme at the time of full and final of a workman.

Can a permanent workman who was denied these benefits on his full and final settlement can recover these amounts i.e. unpaid Bonus, interest on delayed payment of gratuity, employee retention schemem amount us 33 C(2) by producing the email copy as well telling labour court that company have not paid bonus to him like the other permanent employees of his level.

Further whether Labour Court will proceed as an adjudicating authority by following the same procedures as done us 10 of ID Act,1947 i.e.by framing issues, evidences, cross examination, arguments etc. or as an executionary court, will decide the case expeditiously by enquiring from company about the breached service conditions/appointment letter of employee and the submitted documentary evidences of retention scheme, coverage under Bonus and Gratuity Act.

If labour Court start proceeding as per section 10 then whether employee can raise objection and request it not to adjudicate like section 10 but execute us 33C(2) on the basis of submitted documentary evidences/terms of his appointment letter where company have admitted about these statutory and other benefits under declared schemes.

Whether Company can also be booked for punishment for not paying the statutory payments of Bonus or delayed payment of Gratuity by complaining it to Labour Authorities pending 33C(2) proceedings.

Many Thanks in advance to all helping experts of this social welfare forum.

s.kumar

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Kumar Doab (Expert) 02 August 2014
For retention scheme obtain opinion from your lawyer if u/s 406,420 complaint can be filed.
For bonus and gratuity you are aware of the authority under Payment of Bonus Act , Payment of Gratuity Act.

Raj Kumar Makkad (Expert) 02 August 2014
There is no scope of any criminal proceeding against the company but definitely you can invoke the extra-ordinary jurisdiction of Labour Court under section 33C(2)of ID Act.