Bonus payment

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
I have retired from an organisation recently as Sr. Manager. The organisation pays Bonus ( Call i as Incentive) only to in-service employees. The Bonus (Incentive) is paid based on the previoys year attendance. Also they classify A, B, C and D and pays the incentive as per the grade (A grade gets maximum and D grade gets nothing). But there is no well defined and measurable norms set by the company except the KRA. My question is :
(1) Is the company right and legal in not paying the Bonus (Incentive) to ex employees like me.
(2) Is the Company right and legal in terming bonus as Incentive. I feel that Incentive is paid to employees if they excel the norms set (Like Sales Target, Manufacturing Target. As theses are absence in the present case, I feel hat it is only profit sharing
(3) Is the Organisation right and legal in classifying Bonus (Incentives) and pay differently and deny to some body
(4) If it is not right and legal, please inform what action can be take, whom to approach

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Raj Kumar Makkad (Expert) 01 December 2011
1. It depends upon the policy of the company.

2. I do agree with you. Bonus is compulsory to be paid to every employee whereas incentive is to be paid to the employee who qualify for the same just to show him as an ideal employee.

3. Reply has already been given.

4. You can first make a representation to make payment of compulsory bonus failing which file a complaint with the Commissioner under Payment of Bonus Act.

M/s. Y-not legal services (Expert) 01 December 2011
nothing more to say.,

even my suggestion is complaint before the commissioner of labour may take some time for remedy.. if you aggrieved mean you can invoke the writ jurisdiction under constitution of india..

writ remedy may be some more speedy and effectful to you..

Sailesh Kumar Shah (Expert) 01 December 2011
Mr.Tom

but WRIT is not available against private organisation.

M/s. Y-not legal services (Expert) 02 December 2011
so what shah sir., we may sent a representation the concern gov official to interfere with this issue.,

ther is no friutful result mean we can file a writ of mandamus by directing the govt officials to interfere with this know..

am i right now?